VILLAGE  OP  EVANSTON, 

IN  COOK  COUNTY,  ILLINOIS. 


PUBLISHED  BY  AUTHORITY  OF  THE  PRESIDENT 
AND  BOARD  OF  TRUSTEES. 


Issued  February  2Oth,  1874. 


PRINTED  AT  THE  OFFICE  OP  THE  EVANSTON  INDEX. 


VILLAGE  ORDINANCES. 


Animals  Running  at  Large. 

AN  ORDINANCE 

In  Relation  to  Certain  Animals  Running  at  La  >•(/<•. 

SECTION  1.  Animals  at  large — Penalty. 

xJ.  Duty  of  pound-master — Neglect — Penalty. 

3.  Pound  charge. 

4.  Redemption  of  animals — Costs,  etc.  [ment. 

5.  Proceeding    against    impounded    animals — Judg- 

6.  Proceeding  against  unknown  owner. 

7.  Justice's  docket. 

8.  Jury  trial. 

9.  Justice's  order — Form. 

10.  Pound- master's  notice — Form. 

11.  Who  may  not  purchase — Penalty. 

12.  Breaking  pound — Penalty. 

13.  Obstructing — Penalty.  [ter. 

14.  Pound-master's    report — Money  received — Regis- 

15.  Owner  entitled  to  surplus  proceeds. 

16.  Pound-master's  bond. 

17.  Wrongful  taking  of  animals — Penalty. 

18.  Pound  accounts — Quarterly  statement. 


Jle  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  No  cows,  horses,  mules,  swine,  sheep,  goats,  geese 
or  cattle  of  any  kind,  shall  be  permitted  to  run  at  large  within  the 
Village  of  Evanston;  and  any  owner  or  owners  of  any  such  animal 


or  animals,  who  shall  permit  the  same  to  run  at  large,  contrary 
to  the  provisions  of  this  section,  shall  forfeit  and  pay  a  penalty 
of  three  dollars  for  each  animal  so  permitted  to  run  at  large, 
together  with  the  costs  of  impounding,  and  the  expense  of  suste- 
nance for  such  animal  or  animals,  when  impounded,  as  hereinafter 
provided. 

SEC.  2.  It  shall  be  the  duty  of  the  pound-master  of  said  village 
to  take  up  any  such  animal  or  animals  found  running  at  large  as 
aforesaid,  and  confine  the  same  in  a  secure  pen,  pound  or  place 
provided  by  him  for  that  purpose,  and  for  so  doing  he  shall 
receive  from  the  treasurer  of  said  village,  when  collected,  an 
impounding  fee  of  fifty  cents  for  each  animal  so  taken  up  and 
impounded  by  him  ;  and  for  each  neglect  or  refusal  so  to  do,  he 
shall  forfeit  and  pay  a  penalty  of  five  dollars. 

SEC.  3.  There  shall  be  charged  for  each  animal  impounded  an 
impounding  fee  of  fifty  cents,  and  also  fifty  cents  for  each  day  or 
part  of  a  day  for  providing  sustenance  for  each  animal  impounded. 
SEC.  4.  At  any  time  before  the  sale  of  any  animal  or  animals 
impounded,  the  owner  or  owners  thereof  may  redeem  the  same 
by  paying  to  the  pound-master  the  penalty  prescribed  in  this 
ordinance,  together  with  the  impounding  fee  and  costs  of  suste- 
nance as  prescribed  in  the  last  section,  and  in  case  procedings 
shall  have  been  instituted  before  a  judicial  officer,  the  cost  of 
such  proceedings,  and  the  amount  of  the  judgment,  if  judgment 
shall  have  been  recovered  under  the  ordinance,  together  with 
subsequently  accrued  costs  of  sustenance,  shall  be  the  redemp- 
tion money  to  be  paid. 

SEC.  5.  When  any  animal  or  animals  shall  be  impounded,  as 
aforesaid,  it  shall  be  the  duty  of  the  said  pound-master  forthwith 
to  make  complaint  before  the  police  magistrate,  or  some  justice 
of  the  peace  of  said  village,  against  the  owner  or  owners  of  such 
animal  or  animals,  if  known,  and  thereupon  a  warrant  shall  be 
issued,  and  upon  the  return  thereof  executed,  or  the  defendant 
having  appeared,  it  shall  be  the  duty  of  the  justice  or  police  mag- 
istrate to  inquire  whether  the  defendant  has  been  guilty  of  a  vio- 
lation of  this  ordinance  ;  and,  if  the  defendant  be  found  guilty, 
judgment  shall  be  rendered  against  him  for  the  penalty, 
impounding  fee  and  cost  of  sustenance  herein  above  prescribed, 
and  the  costs  of  suit,  and  an  order  shall  be  entered  that  the 
animal  or  animals  shall  be  sold  to  satisfy  said  judgment  in  ease 
the  same  shall  not  be  paid  forthwith.  Sueli  order  shall  deserilit- 


the  animal  or  animals,  and  state  the  time  and  place  of  impound- 
ing, 

S  ice.  G.  When  the  owner  of  any  animal  impounded  shall  be 
unknown,  it  shall  be  the  duty  of  the  pound-master,  when  the 
same  shall  be  impounded,  to  make  complaint,  as  provided  in  the 
last  section,  against  the  unknown  owner  of  such  animal,  describ- 
ing- the  same  ;  and  thereupon  the  officer  before  whom  such  com- 
plaint shall  be  made,  shall  issue  a  notice  in  substance  as  follows, 
to  wit : 

POUND  NOTICK. 

WHEREAS,  Complaint  has  this  day  been  made  before  me,  that 
the  unknown  owner  of  the  following  described  animals,  to  wit : 
,  impounded    at  ,  on  the  day    of  ,  A.  D. 

18  ,  has  permitted  the  same  to  run  at  large,  contrary  to  the  pro- 
visions of  an  ordinance  entitled  "An  ordinance  in  relation  to 
certain  animals  running  at  large."  Now,  therefore,  notice  is  hereby 
given  that  a  trial  will  be  had  uponf  the  said  complaint,  at  my 
office,  in  the  Village  of  Evanston,  on  the  day  of  , 

A.  1).  18  ,  at  the  hour  of  M.,  when  and  where  the  unknown 
owner  may  appear  and  defend,  if  he  sees  fit  so  to  do. 

Witness     my     hand,     this  day     of  , 

A.  D.  18     . 

,  J.  P.  or  P.  M. 

The  day  named  in  said  notice  for  trial  shall  not  be  less  than 
five  nor  more  than  ten  days  from  the  time  of  issuing  the  notice ; 
and  it  shall  be  the  duty  of  the  pound-master  upon  making  the 
complaint,  forthwith  to  post  three  copies  of  said  notice,  one  at 
the  pound  where  the  animal  is  impounded,  one  at  the  office  of  the 
justice  or  police  magistrate  issuing  the  same,  and  one  at  the  door 
of  the  post-office  in  said  village,  and  to  return  the  said  notice, 
with  the  time  and  manner  of  said  posting. 

SEC.  7.  The  justice  or  police  magistrate  issuing  said  notice  shall 
enter  the  cause  upon  his  docket  as  follows,  to  wit:  "The  Village 
of  Evanston  rs.  The  Unknown  Owner  of"  [here  specify  the  ani- 
mals.] And  upon  the  return  of  the  notice  prescribed  in  the  last 
section,  like  proceedings  shall  be  had,  as  in  the  case  of  personal 
service  or  appearance. 

SEC.  8.  In  all  trials  for  violation  of  this  ordinance,  the  accused 
shall  have  the  right  of  trial  by  jury,  and  in  proceedings  against 
unknown  owners,  the  trial  must  be  by  jury. 

SKI  .  9.  Upon  the  rendition  of  any  judgment,  as  provided  in  sec- 
tion seven  of  this  ordinance,  the  justice  of  the  peace  or  police 


magistrate  rendering  the  same,  shall  issue  to  the  pound-master  an 
order  which  shall  be  in  the  following  form  as  nearly  as  may  be  : 

The  People  of  the  State  of  Illinois  to Pound-Master. 

WE  COMMAND  You,  That  of  the  following  described  goods  and 
chattels,  to  wit :  ,  the  property  of  ,  you 

make  the  sum  of  dollars  and  cents  debt,  and 

dollars  and  cents  costs,  which  the  Village  of  Evanston  lately 

recovered  before  me,  against  the  said  ,  and  hereof  make 

due  return. 

Given  under  my  hand  this,  the  day  of  , 

A.  D.  18     .    ' 

,  J.  P.  or  P.  M. 

SEC.  10.  Upon  the  receipt  of  such  order,  the  pound-master  shall 
immediately  post  three  notices,  in  like  places  as  provided  in  sec- 
tion six  of  this  ordinance,  in  substance  as  follows : 

PotrND  NOTICE. 

Taken  up  and  impounded  in  the  village  pound  of  the  Village 
of  Evanston,  the  following  described  animals  :  which,  unless 

redeemed,  will  be  sold  at  public  auction,  for  cash,  to  the  highest 
bidder,  at  said  pound,  at  the  hour  of  o'clock  in  the  forenoon,  on 
the  day  of  ,  18  . 

,  Pound-master. 

The  day  of  sale  mentioned  in  said  notice  shall  be  the  third  day 
after  posting  the  same,  exclusive  of  Sundays,  holidays  and  elec- 
tion days  ;  and  if  said  animal  or  animals  are  not  redeemed,  the 
pound-master  shall  sell  the  same  in  accordance  with  said  notice. 
It  shall  be  the  duty  of  the  pound-master  to  return  such  order, 
within  twenty  days  from  its  date,  to  the  officer  issuing  the 
same,  with  an  indorsement  showing  when  and  how  the  same  was 
executed. 

SEC.  11.  The  said  pound-master  shall  not  purchase  or  be  inter- 
ested directly  or  indirectly  in  the  purchase  of  any  animal  taken 
up,  impounded  <5r  sold  by  him  under  the  provisions  of  this  ordin- 
ance, under  a  penalty  of  not  less  than  ten  dollars  nor  more  than 
fifty  dollars  for  each  offense,  or  the  forfeiture  of  his  office. 

SEC.  12.  If  any  person  shall  break  open  said  pound,  or  in  any 
manner,  directly  or  indirectly,  aid  or  assist  in,  or  counsel  or  advise 
the  breaking  open  of  said  village  pound,  he  shall  forfeit  and  pay  a 
penalty  of  not  less  than  five  dollars  nor  more  than  twenty  dollars 
for  each  offense. 


SEC.  13.  No  person  shall  hinder,  delay  or  obstruct  said  pound- 
master,  when  engaged  in  taking  to  said  pound  any  animal  or 
animals  liable  to  be  impounded,  under  a  penalty  of  not  less  than 
five  dollars  nor  more  than  ten  dollars  for  each  animal  so  being 
taken. 

SEC.  14.  The  said'  pound-master  shall,  by  the  end  of  each  quarter 
year,  pay  to  the  treasurer  of  said  village  all  moneys  received  by 
him,  over  and  above  the  necessary  expenditures  for  the  mainte- 
nance of  the  pound  during  the  said  quarter,  by  virtue  of  his  office 
of  pound-master,  and  shall  at  the  end  of  each  quarter  year  render 
to  the  treasurer  of  said  village  a  full  statement,  on  oath,  of  all 
the  animals  received  into  said  pound  during  said  quarter,  describ- 
ing the  same,  with  the  names  of  the  owners,  if  known,  the  dates 
when  received,  redeemed  or  sold,  and  of  all  moneys  received 
by  him  during  said  quarter  for  the  redemption  or  sale  of 
animals,  or  otherwise,  as  pound-master,  and  of  all  moneys 
expended  by  him  in  the  maintenance  of  said  pound,  and 
shall  attach  to  said  statement  receipts  for  all  moneys  so 
expended.  Said  pound-master  shall  also  keep  a  record,  in 
which  he  shall  enter,  from  time  to  time  as  they  occur,  all 
matters  required  to  be  shown  in  such  statements,  and  in  which 
he  shall  cause  to  be  written  the  receipts  of  owners  of  animals  by 
them  redeemed. 

SEC.  15.  When  the  proceeds  of  the  sale  of  any  animal  or  animals 
shall  exceed  the  amount  of  judgment  and  costs,  and  the  expense 
of  sustenance  which  shall  have  accrued  subsequently  to  the  ren- 
dition of  the  judgment,  and  such  excess  shall  have  been  paid  to 
the  treasurer,  the  owner  or  owners  of  such  animal  or  animals  shall 
be  entitled  to  a  warrant  on  the  treasurer  for  such  excess,  upon 
presenting  to  him  satisfactory  evidence  of  his  right  thereto. 

SEC.  16.  The  said  pound-master  shall,  before  entering  upon  the 
duties  of  his  office,  execute  a  bond  to  the  Village  of  Evanston  in 
the  penal  sum  of  one  thousand  dollars  ($1,000),  to  be  approved  by 
the  Board  of  Trustees,  conditioned  for  the  faithful  performance 
of  the  duties  of  his  office,  and  the  payment  to  the  village  of  all 
moneys  coming  into  his  hands  under  this  ordinance,  or  any  ordin- 
ance amendatory  thereof. 

SEC.  17.  Any  person,  who  shall  take  or  drive  any  such  animal 
from  any  inclosed  lot  or  tract  of  ground,  or  from  any  stable  or 
other  building,  lawfully  occupied  by  the  owner  of  such  animal,  or 
from  without  the  limits  of  said  village,  to  said  poxind,  with  the 


intent  that  such  animal  may  be  impounded,  shall  IK-  liable  to  a  fine 
of  not  less  than  five  nor  more  than  twenty  dollars  for  every  animal 
so  driven  or  taken  from  the  place  or  places  aforesaid. 

SKO.  18.  It  shall  be  the  duty  of  said  pound-master  to  keep  such 
books,  in  such  manner,  as  the  treasurer  shall  direct;  they  shall 
show,  among  other  things,  all  receipts  and  expenditures  for  his 
pound  ;  and  the  treasurer  shall,  at  least  once  each  quarter  year, 
audit  and  adjust  the  accounts  of  said  pound-master. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  loth,  1874. 

C.  J.  GILBERT,  President. 


Arrests,  and  Recovery  of  Fines. 

AN  ORDINANCE 

Coiieentiuy  Arrests  and  the  /.'«•«»/•//  of  Fiue»,  Prmilticx  mt<l  (W.\  mult  /•  tin 
Ordinnitces  of  the  Village  of  Enntxtoii. 

SECTION  1.  Arrests  authorized. 

2.  Practice  before  magistrate. 

3.  Duty  of  keeper  of  calaboose. 

4.  Fines — how  recovered. 

5.  Arrests  upon  warrant. 

0.     Commitment  by  magistrate. 

7.  Commitment  by  process. 

8.  Trial  by  jury. 

!).     Boarding  out  fine — at  what  rate. 
10.     Change  of  venue,  and  procedure. 


Jie  it  Ordained  by  the  President  and  .Hoard  of  Trt<xt<-<-x  of  the 
Village  of  Eva/neton: 

SKCTION  1.  That  the  village  constable,  marshal,  and  policemen 
of  said  village  are  hereby  severally  authorized  to  arrest,  with  or 
without  process,  or  on  view,  any  person  or  persons  who  may 
break  the  peace  or  violate  any  of  the  ordinances  of  said  village. 
and  to  take  such  person  or  persons  forthwith  before  the  police 
magistrate  of  said  village,  or  any  justice  of  the  peace  of  Cook 
County,  in  the  State  of  Illinois,  or  in  case  such  arrest  is  made  in 
the  night,  or  on  Sunday,  to  detain  such  person  or  persons  in 


custody  over  night  or  over  Sunday  in  the  village  watch-house  6r 
any  other  safe  place,  until  such  person  or  persons  can  be  brought 
before  said  police  magistrate  or  justice  for  trial. 

SEC.  2.  Whenever  any  person  or  persons  shall  be  arrested  with- 
out process,  or  on  view,  for  breaking  the  peace  or  violating  any  of 
the  ordinances  of  said  village,  and  shall  be  taken  as  aforesaid  be- 
fore the  police  magistrate  or  any  justice  of  the  peace,  as  prescribed 
in  section  one  of  this  ordinance,  such  magistrate  or  justice  shall 
note  upon  his  docket  the  cause  of  such  arrest  as  stated  by  the 
officer  making  such  arrest,  and  proceed  to  hear  and  determine  the 
case  in  the  same  manner  as  if  the  defendant  had  been  arrested  by 
a  warrant,  or  may  continue  the  case  upon  the  application  of  either 
the  defendant  or  the  village  attorney,  for  lawful  cause,  as  pro- 
vided in  other  actions  before  justices  of  the  peace,  in  which  case 
if  the  defendant  shall  give  bond  payable  to  said  village,  and  con- 
ditioned for  the  appearance  of  the  defendant  before  the  magistrate 
or  justice,  hearing  the  cause,  on  the  day  and  at  the  place  named 
therein,  and  his  abiding  the  order  of  the  said  magistrate  or  justice, 
and  not  departing  the  Court  without  leave,  with  security  and  in  a 
sum  to  be  approved  by  such  magistrate  or  justice,  he  shall  be 
discharged  from  the  custody  of  'the  officer  making  the  arrest ; 
otherwise  he  shall  in  the  discretion  of  the  magistrate  or  justice 
l>e  committed  to  the  village  calaboose,  or  other  place  provided 
for  the  imprisonment  of  offenders  against  the  ordinances  of  said 
village,  or  remain  in  the  custody  of  the  officer  making  the  arrest, 
until  the  time  set  for  the  trial  of  the  case. 

SEC.  3.  In  all  cases  of  arrest  on  view  for  a  violation  of  any  of 
the  ordinances  of  said  village,  in  which  detention  in  custody,  of 
the  person  or  persons  so  arrested  shall  be  authorized  by  any  of 
said  ordinances,  it  shall  be  the  duty  of  the  keeper  of  the  village 
calaboose  or  other  place  of  confinement  provided  for  violators  of 
said  ordinances  to  receive,  and  he  is  hereby  authorized  and 
empowered  to  receive,  from  any  officer  of  said  village  legally 
empowered  to  make  such  arrests,  any  such  person  or  persons,  and 
him,  her  or  them  to  safely  keep  until  such  person  or  persons  can 
l>o  safely  brought  before  the  police  magistrate  of  said  village,  or 
some  justice  of  the  peace  of  said  Cook  County,  and  be  tried  for 
such  violation  in  the  manner  prescribed  by  ordinance. 

SKC.  4.  That  all  fines,  forfeitures,  penalties  and  costs  imposed 
against  any  person  or  persons  by  any  of  the  ordinances  of  said 
village  for  the  breach  thereof,  may  be  recovered  before  the  police 


10 

magistrate  of  said  village  or  any  justice  of  the  peace  of  said  Cook 
County  by  action  of  debt  in  the  name  of  "  The  Village  of 
Evanston,"  and  judgments  may  be  rendered  thereon,  and  col- 
lected by  execution  or  other  process,  as  other  judgments  of 
justices  of  the  peace  are  rendered  and  collected;  and  such  fines, 
forfeitures  and  penalties,  when  collected,  shall  be  paid  over  to  the 
treasurer  of  said  village  for  the  use  of  said  village,  on  demand  of 
said  treasurer.  In  all  actions  for  the  violation  of  any  ordinance, 
the  first  process  shall  be  a  summons,  where  arrest  upon  view  is 
not  made,  or  a  warrant  is  not  issued. 

SEC.  5.  Whenever  any  person  shall  make  complaint  in  writing, 
verified  by  affidavit,  to  the  police  magistrate  of  said  village,  or 
any  justice  of  the  peace  of  the  township  of  Evanston  in  said  Cook 
County,  and  shall  therein  state  that  any  ordinance  of  said  village 
has  been  violated,  and  that  the  complainant  has  reasonable  grounds 
to  believe  that  the  person  charged  in  such  complaint  with  such 
violation  is  guilty  thereof,  said  police  magistrate  or  justice  may 
issue  in  the  first  instance  a  warrant  for  the  arrest  of  the  person  or 
persons  so  charged;  and  any  person  or  persons,  so  charged  and 
arrested  upon  such  warrant,  shall  without  unneccessary  delay, 
except  as  provided  in  section  one  of  this  ordinance,  be  taken 
before  the  magistrate  or  justice  issuing  such  warrant,  to  be  tried 
for  the  alleged  violation.  In  all  such  cases  continuances  may  be 
granted,  bail  taken,  or  commitments  made  as  are  provided  for  in 
cases  of  arrests  under  section  two  of  this  ordinance. 

SEC.  6.  In  all  cases  where  any  person  or  persons,  convicted 
of  a  breach  of  any  of  said  ordinances,  shall  fail,  neglect,  or 
refuse  forthwith  to  pay  any  fine,  forfeiture,  or  penalty,  and  costs, 
which  may  be  adjudged  against  such  person  or  persons,  it  shall 
be  competent  and  lawful  for  the  police  magistrate,  justice  of  the 
peace,  or  other  court,  before  whom  such  conviction  is  had,  to 
order  that  such  person  or  persons,  so  convicted  as  aforesaid,  shall 
be  committed  to  the  jail  of  Cook  County,  the  village  calaboose,  or 
other  place  provided  by  said  village  for  the  incarceration  of 
offenders  in  such  cases,  there  to  remain  until  such  fine,  forfeiture, 
or  penalty,  and  costs  shall  be  fully  paid  or  otherwise  legally  dis- 
charged. Provided,  that  no  such  imprisonment  shall  continue 
longer  than  the  period  of  six  months  for  any  one  offense. 

SEC.  7.  Commitment  of  any  person  or  persons,  as  provided  in 
either  section  two  or  six  of  this  ordinance,  shall  be  by  process  under 
the  hand  of  the  police  magistrate,  justice  of  the  poaco,  or  other 


11 

court,  which  shall   have  made  the  order  for  such  commitment. 

SEC.  8.  In  every  case,  where  the  trial  for  a  breach  of  any  of  the 
said  ordinances  shall  be  by  jury,  the  amount  of  the  fine,  penalty, 
forfeiture,  or  punishment,  the  limits  of  which  are  provided  for  by 
any  ordinance,  shall  be  assessed  or  fixed  by  the  jury,  if  they  shall 
find  the  defendant  or  defendants  guilty;  and  the  police  magistrate, 
justice  of  the  peace,  or  other  court,  before  whom  the  same  shall 
be  tried  by  jury,  shall  record  their  verdict  on  his  docket,  and 
render  judgment  in  accordance  therewith,  for  the  amount  of  the 
fine,  penalty,  forfeiture,  or  punishment  so  assessed  or  fixed  by  the 
jury  and  the  costs  of  suit.  If  the  jury  shall  return  a  verdict  of 
not  guilty,  such  magistrate,  justice,  or  court,  shall  record  the  same 
and  order  that  the  defendant  or  defendants,  if  held  in  custody, 
be  discharged. 

SEC.  9.  In  all  cases  when  judgment  shall  be  rendered  by  the 
police  magistrate,  or  any  justice,  or  competent  court,  as  aforesaid, 
in  favor  of  said  village  against  any  person  or  persons  convicted 
of  a  violation  of  any  of  the  ordinances  of  said  village,  and  such 
person  or  persons  so  convicted  shall  be  committed  to  the  county 
jail  or  other  place  of  imprisonment  provided  by  said  village, 
and  be  imprisoned  therein  for  failing,  neglecting,  or  refusing  to 
pay  any  fines,  forfeitures,  penalties,  or  costs,  which  may  be 
adjudged  against  such  person  or  persons,  it  shall  be  lawful  and 
competent  for  any  such  person  or  persons,  so  convicted,  com- 
mitted and  imprisoned,  to  board  out  in  such  place  of  confinement 
the  amount  of  such  fine,  penalty,  or  forfeiture,  and  costs  at  the 
rate  of  twenty-four  hours  for  each  two  dollars  of  such  fine,  penalty, 
or  forfeiture  and  costs,  until  sush  fine,  penalty,  or  forfeiture  and 
costs  be  fully  satisfied  ;  provided  no  such  imprisonment  shall 
continue  longer  than  six  months  for  any  one  offense.  And  in 
such  case,  whether  by  satisfaction  as  aforesaid  or  by  the  expira- 
tion of  six  months  from  the  commencement  of  such  imprisonment, 
the  keeper  of  said  jail,  or  the  place  of  confinement,  shall  endorse 
the  writ  of  commitment  "Satisfied  in  full  by  imprisonment,"  and 
discharge  such  person  or  persons  from  his  custody. 

SEC.  10.  Changes  of  venue,  and  appeals  from  judgments,  in  all 
cases  arising  under  any  of  said  ordinances,  shall  be  allowed  before 
magistrates  and  justices  of  the  peace;  the  same  to  be  taken  and 
granted  in  the  same  manner,  and  with  like  effect,  as  in  other 
actions  of  debt  before  justices  under  the  laws  of  this  State.  The 
same  proceedings  and  practice  shall  be  observed  before  magis- 


12 

trates  or  justices  to  whom  changes  of  venue  are  taken,  and  the 
same  powers  may  be  exercised  by  them,  as  are  provided  for  in 
this  ordinance. 

SEC.  11.    This  ordinance  shall  take  effect  and  be  in  force,  from 
and  after  its  passage  and  due  publication  according  to  law. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

CHAS.  J.  GILBERT,  President. 


Coal  and  Hay. 

AN  ORDINANCE 
In  Relation  to  tJie  Weighing  of  Coal  and  Hay. 

SECTION  1.  Rights  of  purchasers. 

2.  A  ton  described. 

3.  Penalty  for  short  weight  and  deceit. 

4.  Fees  for  weighing. 


He  it  Ordained  by  the  President  and  Hoard  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  That  each  and  every  person,  firm  or  corporation 
who  shall  sell  or  be  engaged  in  the  business  of  selling  coal  or  hay 
in  the  village  of  Evanston,  to  be  delivered  within  said  village, 
shall  either  produce  and  deliver  to  the  purchaser,  at  the  time  of 
the  delivery  of  the  coal  or  hay  purchased,  a  certificate  signed  by 
a  weigher  duly  appointed  under  the  ordinances  of  said  village, 
showing  the  weight  of  the  coal  or  hay  so  delivered ;  or  the  seller 
of  said  coal  or  hay  shall,  at  the  time  and  place  of  the  delivery 
thereof,  weigh,  or  cause  to  be  weighed,  the  coal  or  hay  so  deliv- 
ered, which  weighing  shall  be  done  in  the  presence  of  the  pur- 
chaser, or  his,  her  or  their  agent,  if  he,  she  or  they  shall  desire 
or  see  fit  to  be  present. 

SEC.  2.  That  every  person,  firm  or  corporation  purchasing  a  ton 
of  coal  or  hay,  shall  be  entitled  to  receive  two  thousand  pounds 
(and  a  proportionate  amount  for  any  portion  of  a  ton  purchased), 
and  every  person,  firm  or  corporation  selling  the  s:nii<>,  shall 
deliver  two  thousand  pounds  of  co:il  <>r  luy  I'm-  c:ich  ton  purchased 


13 

from  such  person,  firm  or  corporation,  and  a  proportionate  amount 
lor  any  part  of  a  ton  so  purchased. 

SEC.  3.  Every  weigher,  who  shall  be  guilty  of  giving  a  false 
certificate  as  to  the  number  of  pounds  of  coal  or  hay  weighed  by 
him,  as  provided  in  section  one,  and  every  person,  firm  or  corpo- 
ration who  shall  neglect  or  refuse  to  comply  with  the  provisions 
of  this  ordinance,  or  who  shall  deliver  to  any  purchaser  a  less 
quantity  than  two  thousand  pounds  of  coal  or  hay  for  each  ton 
purchased  (or  a  proportionate  amount  for  any  part  of  a  ton),  or 
who  shall  practice  any  fraud  or  deceit  in  the  sale  or  delivery  of 
any  coal  or  hay  purchased,  to  be  delivered  in  said  village  as 
aforesaid,  shall,  on  conviction  by  any  magistrate  or  court  having 
jurisdiction,  be  fined  in  a  sum  of  not  less  than  twenty  dollars  nor 
more  than  fifty  dollars  for  each  offense. 

SEC.  4.  For  weighing  each  ton  of  hay  or  coal  and  issuing  a  cer- 
tificate thereof,  the  village  weigher  shall  be  entitled  to  demand 
and  receive  from  the  person  having  the  same  weighed,  the  sum  of 
ten  cents. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Concealed  Weapons. 

AN  ORDINANCE 
In  Relation  to  tJie  Carrying  of  Concealed  Weapons. 

SECTION  1.     Carrying  of  deadly  weapons  prohibited. 

2.  Who  may  arrest  offenders — how. 

3.  Penalty. 

3.     Exception  as  to  police  officers  when  on  duty. 


Be  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  JEvanston : 

SECTION  1.  All  persons,  within  the  limits  of  the  Village  of 
Evanston,  are  hereby  prohibited  from  carrying,  or  wearing  under 
their  clothes,  or  concealed  about  their  persons,  any  pistol,  revol- 
ver, slung  shot,  cross  knuckles,  knuckles  of  lead,  brass  or  other 


14 

metal,  bowie  knife,  dirk  knife,  dirk,  dagger,  or  any  other  danger- 
ous or  deadly  weapon. 

SEC.  2.  Any  policeman,  marshal,  constable,  police  magistrate, 
or  justice  of  the  peace  of  the  Village  of  Evanston  may,  within  the 
limits  of  said  village,  without  a  warrant,  arrest  any.  person  or  per- 
sons whom  such  officer  may  find  in  the  act  of  carrying  or  wearing 
under  their  clothes,  or  concealed  about  their  persons,  any  or  either 
of  the  above  named  or  other  dangerous  or  deadly  weapons,  and 
detain  him,  her  or  them  in  the  calaboose  or  lock-up,  or  in  custody, 
until  a  summons  or  warrant  can  be  procured  on  complaint,  made 
(under  oath  or  affirmation)  for  the  trial  of  such  person  or  persons. 

SEC.  3.  Any  person,  who  shall  be  adjudged  to  have  violated 
any  of  the  provisions  of  section  one  of  this  ordinance,  shall  pay  a 
fine  not  exceeding  one  hundred  dollars,  or  be  imprisoned  for  a 
term  not  exceeding  six  months,  or  both,  in  the  discretion  of  the 
magistrate  or  court,  before  whom  such  conviction  shall  be  had. 

SEC.  4.  The  prohibitions  of  this  ordinance  shall  not  apply  to 
the  officers  of  said  village,  named  in  section  two  of  this  ordinance, 
when  on  duty. 

Passed  Jan.  loth,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Corporate  Seal. 

AN  ORDINANCE 
In  Relation  to  tlie  Corporate  ticul. 

SECTION  1.     Seal  described. 

2.     Village  clerk  shall  have  custody  of. 


Be  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston: 

SECTION  1.  That  a  seal  in  a  circular  form,  with  the  words, 
"  Village  of  Evanston,  Cook  Co.,  Illinois,"  on  the  outer  circle,  and 
in  the  interior  of  said  circle,  an  open  book,  shall  be  the  seal  of  the 
Village  of  Evanston,  to  be  used  in  all  cases  that  have  been  or  shall 
hereafter  be  provided  by  the  laws  of  the  United  States,  the  laws 


15 

of  the  respective  States  of  the  United  States,  and  the  ordinances 
of  the  said  Village  of  Evanston,  and  in  all  cases  in  which,  by  the 
laws  and  customs  of  nations,  it  is  necessary  to  use  a  seal  by  a  cor- 
poration. 

SEC.  2.  The  said  village  seal  shall  be  and  remain  in  the  cus- 
tody of  the  clerk  of  said  village,  to  be  used  by  the  said  clerk  and 
the  president  of  said  village,  as  is  provided  in  the  first  section  of 
this  ordinance. 

Passed  Sept.  30th,  1873. 

Approved  Sept.  30th,  1873. 

C.  J.  GILBERT,  President. 


Dogs. 

AN  ORDINANCE 
In  relation  to  Dogs  Running  at  Large. 

SECTION  1.  Dangerous  dogs  not  to  run  at  large. 

2.  What  deemed  ownership  of  dog. 

3.  Duty  of  police,  constable,  etc.  to  slay. 

4.  Mad  dogs. 


Be  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  If  any  owner  or  possessor  of  a  fierce  or  dangerous 
dog,  or  slut,  shall  permit  the  same  to  run  or  be  at  large  at  any  time 
within  the  limits  of  said  village,  to  the  danger,  or  annoyance  of 
any  of  the  inhabitants,  such  owner  or  possessor  shall  forfeit  and 
pay  a  sum  of  not  less  than  five  dollars  for  each  offense;  and  upon 
a  second  conviction  of  such  owner  or  posssessor  for  such  offense, 
the  said  dog  or  slut  shall  be  slain  and  buried. 

SEC.  2.  Any  person,  who  shall  harbor  or  suffer  or  permit  any 
dog  or  slut  to  be  and  remain  at  or  about  his  house,  stable,  store, 
or  other  premises  in  said  village,  shall  be  held  to  be  the  owner  of 
the  same,  and  subject  to  the  penalties  contained  in  this  ordinance. 

SEC.  3.  It  .shall  be  the  duty  of  the  police  constable,  and  of 
such  persons  as  the  President  of  the  Board  of  Trustees  may 
designate,  to  slay  all  dogs  and  sluts  as  provided  in  this  ordinance, 


16 

and   to  superintend   the  removal  and   burial  of  the  same,  and  to 
enforce  the  provisions  of  the  foregoing  sections  of  this  ordinance. 

SKC.  4.  Whenever  it  shall  be  nuvde  to  appear  to  the  President 
of  the  Board  of  Trustees,  that  there  are  good  reasons  for  believing 
that  any  dog,  or  dogs,  within  the  corporate  limits  of  said  village, 
or  one  mile  thereof,  are  mad  or  have  been  bitten  by  any  rabid 
animal,  it  shall  be  the  duty  of  said  President  to  issue  a  procla- 
mation requiring  that  all  dogs  shall,  for  a  period  to  be  stated  in 
the  proclamation,  wear  a  good  and  substantial  wire,  gauxe  or 
leathern  muzzle  securely  put  on,  so  as  to  prevent  them  from 
biting;  and  any  dog,  going  or  being  at  large,  during  the  period 
defined  in  such  proclamation,  without  such  muzzle,  shall  be  killed 
and  buried,  or  the  carcass  otherwise  disposed  of.  It  shall  be  the 
duty  of  the  police  constable,  and  of  such  other  persons  as  the  Pres- 
ident may  designate,  to  enforce  the  provisions  of  this  section  and 
of  such  proclamation;  and  the  use  of  fire-arms  by  such  officer  or 
persons  in  so  doing  shall  not  subject  them  to  the  penalties  of  any 
ordinance  relative  to  the  discharge  of  fire-arms. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Elections. 

AN  ORDINANCE 

Regulating  the  Election,  of  Certain  Villmjt  OjfiriT*. 

SECTION  1.  Election,  when  to  be  held — Notices  of. 

2.  Judges  and  Clerks  of — Clerk  to  notify. 

3.  Vacancies  in  Judges — how  filled. 

4.  Oath  of  Judges  and  Clerks-1— Form  of. 

5.  Qualifications  of  voters.  [Clerks. 
0.  Manner    of   conducting — Powers  of   Judges   and 

7.  Tie  vote — how  determined. 

8.  Persons  elected — Clerk  to  notify. 

'.».     Vacancies  in  special  cases — how  filled. 


J>e  it  OrJaimd  l>>/  the  President  and  Hoard  of  Ti-tishcs  vl'  tin 
Village  of 


17 

SECTION  1.  That  an  election  shall  be  held  annually  on  the 
third  Tuesday  in  April,  in  each  year,  at  such  place  or  places  as 
shall  be  designated  by  the  Board  of  Trustees  of  said  village,  of 
which  the  village  clerk  shall  give  at  least  ten  days'  previous 
notice  by  posting  in  three  of  the  most  public  places  in  said  vil- 
lage written  or  printed  notices  thereof.  And  in  case  of  a  vacancy 
in  any  of  the  elective  offices  of  said  village,  a  special  election 
may  be  ordered  by  the  Board  of  Trustees  of  said  village,  or  the 
remaining  member  or  members  thereof,  to  fill  such  vacancy; 
whereupon,  like  notice,  as  above  provided,  shall  be  given  of  the 
time  and  place,  when  and  where  such  election  shall  be  held  to 
fill  said  vacancy. 

SKC.  2.  The  Board  of  Trustees,  or  the  remaining  member 
or  members  thereof,  shall  annually,  at  least  thirty  days  prior 
to  such  annual  election,  or  in  case  of  a  special  election,  at  any 
time  prior  to  such  special  election,  appoint  to  act  as  judges  of 
election  at  each  poll,  three,  and,  as  clerks,  two  competent  persons; 
whereupon  the  clerk  of  said  village  shall  give  them  notice  in 
writing  of  their  appointment. 

SEC.  3.  If  any  judge  of  election  shall  refuse  to  act,  or  fail  to  be 
present  at  the  polls  at  the  time  fixed  for  the  opening  thereof,  the 
vacancy  shall  be  filled  by  any  qualified  voter  of  the  village,  to 
be  selected  by  the  remaining  judges.  And  if  no  judge  shall  be 
present,  a  full  board  may  be  selected  by  the  qualified  electors  in 
like  manner.  The  judges  shall  have  power  to  appoint  one  or 
more  electors  of  the  village  to  act  as  clerks,  when  necessary,  to 
fill  vacancies. 

SEC.  4.  Judges  and  clerks  shall  severally,  before  receiving  any 
votes,  take  and  subscribe  an  oath  or  affirmation,  which  shall  be 
attached  to  the  returns  and  shall  be  in  the  following  form,  to  wit  : 

"  I  do  solemnly  sw.ear  [or  affirm,  as  the  case  may  be]  that  I  will 
support  the  Constitution  of  the  United  States  and  the  Constitu- 
tion of  the  State  of  Illinois,  and  that  1  will  faithfully  discharge 
the  duties  of  the  office  of  judge  of  election  [or  clerk  as  the  case 
may  be]  according  to  the  best  of  my  ability." 

If  no  person  shall  bo  present  at  the  opening  of  the  polls,  author- 
ized to  administer  oaths,  it  shall  be  lawful  for  the  judges,  or 
either  of  them,  to  administer  the  oath  to  each  other,  and  to  the 
clerks.  The  oaths,  when  thus  administered,  shall  be  in  form  as 
;il)ove  given,  and  shall  be  certified  by  the  judge  or  judges  admin- 
istering the  same,  and  prefixed  to  each  poll  book. 


18 

SEC.  5.  All  persons  entitled  to  vote  at  any  general  election  for 
State  officers  within  said  village,  having  resided  therein  thirty 
days  next  preceding  thereto,  may  vote  at  any  election  for  village 
officers. 

SEC.  6.  The  manner  of  conducting  and  voting  at  such  elections 
and  contesting  the  same,  the  keeping  of  poll  lists  and  canvassing 
the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as  in  the  case 
of  the  election  of  county  officers,  under  the  general  laws  of  this 
State.  The  judges  and  clerks  of  such  elections  shall  have  the 
same  powers  and  authority  as  the  judges  and  clerks  of  general 
State  elections.  After  the  closing  of  the  polls,  the  ballots  shall 
be  counted  and  the  returns  made  out  and  returned,  under  seal,  to 
the  village  clerk  within  two  days  after  the  election  ;  and  there- 
upon the  Board  of  Trustees  shall  examine  and  canvass  the  same 
and  declare  the  result  of  the  election,  and  cause  a  statement 
thereof  to  be  entered  upon  its  journal. 

SEC.  7.  The  person,  having  the  highest  number  of  votes  for  any 
office,  shall  be  declared  elected.  In  case  of  a  tie  in  the  election 
of  any  village  officer,  it  shall  be  determined  by  lot,  in  presence  of 
the  Board  of  Trustees,  in  such  manner  as  they  shall  direct,  which 
candidate  or  candidates  shall  hold  the  office. 

SEC.  8.  It  shall  be  the  duty  of  the  village  clerk,  within  five  days 
after  the  result  of  the  election  is  declared,  or  appointment  made, 
to  notify  all  persons  elected  or  appointed  to  office  of  their  elec- 
tion or  appointment,  and  unless  such  persons  shall,  respectively, 
qualify  in  ten  days  after  such  notice,  the  office  shall  become 
vacant. 

SEC.  9.  In  the  event  of  a  vacancy  caused  by  the  death,  removal, 
absence,  resignation  or  other  inability  to  act,  of  all  the  members 
of  said  Board  of  Trustees,  it  shall  be  the  duty  of  the  village  clerk, 
or,  if  his  office  be  vacant,  or  if  he  be  absent  or  refuse  to  act,  then 
of  the  police  magistrate  of  said  village,  forthwith  to  call  a  special 
election  to  fill  such  vacancies,  and  to  give  notice  and  appoint 
judges  and  clerks  therefor  in  like  manner  and  with  like  effect  as 
provided  in  section  one  and  two  of  this  ordinance,  except  that  the 
previous  notice  of  the  time  and  place  of  holding  such  special  elec- 
tion may  be  five  days  instead  of  ten  days,  as  in  other  instances. 
Returns  of  such  election  shall  be  made  to,  and  the  canvass  and 
result  thereof  made  and  declared  by  the  officer  calling  such 
election.  In  case  of  a  tie  in  any  such  election,  the  same 
officer  shall  determine  by  lot,  which  candidate  or  candidates 


19 

shall  hold  the  office.  And  he  shall  also,  within  live  days  after  the 
result  of  such  election  is  declared,  notify  the  person  or  persons 
elected,  as  provided  in  section  eight  of  this  ordinance. 

Passed  Sept.  30th,  1873. 

Approved  Sept.  3()th,  1873. 

C.  J.  GILBERT,  President. 


Fire  Limits. 

AN  ORDINANCE 
Eitablithing  the  Fire  Lim it*  ofilie  ViU«(/r  <>f  E 

SKCTION  1.     Fire  limits  designated. 

2.  Construction  of  buildings  regulated. 

3.  Penalty  for  violation. 


Be  it  Ordained  by  the  President  and  Hoard  of  Trustees  of  the 
Village,  of  Evamton- : 

SECTION  1.  That  the  fire  limits  of  the  Village  of  Evanston 
shall  begin  at  the  center  of  Maple  avenue  and  its  intersection  with 
the  center  of  Davis  street  (formerly  College  avenue)  ;  running 
thence  south  one  hundred  and  ninety  (100)  feet ;  thence  east  on 
a  line  parallel  with  the  south  line  of  said  Davis  street,  and  one 
hundred  and  fifty  (150)  feet  distant,  therefrom,  to  the  center  of 
the  alley  in  block  twenty-six  (#6)  in  the  Village  of  Evanston  ; 
thence  northerly  along  the  center  of  said  alley  and  across  Davis 
street,  and  thence  northerly  along  the  center  of  an  alley  in  block 
twenty  (20),  to  a  point  one  hundred  and  fifty  (150)  feet  north  of 
the  north  line  of  Davis  street ;  thence  northwesterly  and  westerly 
on  a  line,  parallel  with  Davis  street  and  one  hundred  and  fifty 
(150)  feet  distant  from  the  north  line  thereof,  to  the  center  of 
Maple  avenue  ;  thence  south  to  the  place  of  beginning. 

SEC.  2.  No  building  or  structure  of  any  kind  or  description 
shall  be  erected,  or  constructed,  within  the  fire  limits  as  defined 
in  section  one  of  this  ordinance,  without  the  permission  of  said 
Board  of  Trustees  first  obtained,  unless  the  outside  and  party 
walls  thereof  shall  be  composed  of  brick,  stone,  iron  or  other 


20 

incombustible  material  ;  and  all  buildings  which  shall,  or  inav 
hereafter  be  erected,  or  constructed  within  said  fire  limits,  with- 
out permission,  as  aforesaid,  shall  have  outside  walls  of  not  less 
than  one  foot  in  thickness,  and  if  any  building  shall  be  more  than 
two  stories  in  height  above  the  basement,  the  outside  walls  of  the 
basement  and  first  story  shall  be  not  less  than  sixteen  inches  in 
thickness,  and  the  walls  of  the  stories  above  the  first  shall  be  not 
less  than  twelve  inches,  and  with  the  exception  of  the  front  wall 
shall  extend  at  least  twelve  inches  above  the  roof:  Prori<1c<l, 
however,  that  all  buildings,  erected  in  said  district  and  used  as 
dwellings  and  barns  only,  may  be  constructed  (with  walls  always 
not  to  exceed  sixteen  feet  in  height)  on  wooden  sills  not  over 
eighteen  inches  from  the  ground,  and  cased  up  around  the  outside 
studding  with  a  brick  wall,  not  less  than  four  inches  in  thickness, 
anchored  to  said  studding  and  fastened  thereto. 

SEC.  3.  Any  person  or  corporation  who  shall,  without  the  per- 
mission by  order  or  resolution  of  said  Board  of  Trustees  first 
obtained,  violate  any  of  the  provisions  of  this  ordinance,  shall  be 
subject  to  a  fine  of  not  less  than  five  nor  more  than  two  hundred 
dollars,  and  upon  failure  or  refusal  to  comply  with  any  of  the  pro- 
visions of  this  ordinance,  he,  she,  or  they  shall  be  liable  to  impris- 
onment not  to  exceed  six  months  for  the  first  offense,  and  also  for 
all  costs  and  expenses  arising  from  the  enforcement  of  this  ordin- 
ance. 

SEC.  4.  An  ordinance  heretofore  passed,  entitled,  "  An  Ordin- 
ance Establishing  the  Fire  Limits  in  the  Village  of  Evanston,"  is 
hereby  repealed :  Provided,  that  such  repeal  shall  not  affect  any 
rights  which  have  been  acquired  by,  nor  any  penalty  or  forfeiture  or 
causes  of  action,  which  have  accrued  to  said  village  under  said 
ordinance. 

Passed  Jan.  6th,  1874. 
Approved  Jan.  6th,  1874. 

C.  J.  GILBERT,  President. 


21 

Fire-Wood. 

AN  ORDINANCE 

Fire-wood  to  be  Measured. 


SECTION  1.     Wood  brought  to  village  for  sale  to  be  measured. 

2.  Wagons  to  be  open  at  sides  and  ends. 

3.  Officer  to  examine  piling  of  wood. 

4.  What  shall  be  deemed  a  cord. 

5.  Penalty  for  violation  of  ordinance,  or  for  fraud  in 

sale  of  wood,  etc. 


Jie  it  Ordained  by  the  President  and  Hoard  of  Trustees  of  the 
Village  of  Evauston  : 

SECTION  1.  That  it  shall  not  be  lawful  for  any  person  or  per- 
sons, bringing  or  having  brought  fire- wood  to  said  village  for  sale, 
to  sell  the  same  without  first  having  it  measured  by  the  village 
weigher,  and  obtaining  from  him  a  certificate  of  the  quantity  so 
measured. 

SEC.  2.  That  all  wagons  or  vehicles,  used  for  delivering  wood 
sold,  or  on  which  wood  is  offered  for  sale  in  said  village,  shall  be 
open  at  the  sides  and  ends  of  the  bed  or  rack,  in  or  upon  which 
the  said  wood  may  be  piled. 

SEC.  3.  It  shall  be  the  duty  of  said  officer,  in  measuring  any  fire 
wood,  to  carefully  examine  the  manner  in  which  the  same  is  piled 
or  racked  up,  and  make  all  proper  deductions  for  loose  and 
improper  piling,  and  for  crooked  and  uneven  wood. 

SEC.  4.  The  amount  required  to  constitute  a  cord  of  wood  shall 
be  equivalent  to  eight  feet  in  length,  four  feet  in  width  and  four 
feet  in  height,  well  and  closely  packed. 

SEC.  5.  Any  person  or  persons,  who  shall  sell  any  fire-wood  in 
said  village  without  first  having  the  same  measured  and  procuring 
the  said  certificate,  or  who  shall  be  guilty  of  fraud  or  imposition 
in  the  sale  of  wood,  or  who  shall  in  any  manner  change  or  alter 
the  said  certificate  with  intent  to  deceive,  or  who  shall  sell  more 
than  one  load  or  cord  on  the  same  certificate,  shall  forfeit  and 
pay  a  fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  every  such  offense. 

SEC.  G.  For  measuring  each  cord,  or  load  of  fire-wood,  and  issu- 
ing a  certificate  thereof,  the  village  weigher  shall  be  entitled  to 


22 

demand  and  receive  from  the  person  having  the  same  measured 
the  sum  of  ten  cents.  Provided,  that  for  measuring  wood  piled 
n  any  one  quantity  exceeding  five  cords,  his  fees  shall  not  exceed 
fifty  cents. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Fiscal   Year. 

AN  ORDINANCE 
Concerning  tlic  Viscttl  Yenr  of  the.  Vilbtt/e  <>f  Kc<it<,»t<>n. 


Be  it  Ordained  Inj  the  President  and  Board  of  Trustees  of  the 
Village  of  J2vattst<>/i: 

SKCTION  1.  That  the  present  .fiscal  year  of  the  Village  of 
Evanston  shall  be  held  to  have  commenced  on  the  fifteenth  day 
of  April,  A.  D.  1873,  and  shall  end  on  the  thirty-first  day  of 
March,  A.  D.  1874,  and  from  and  after  said  last  date,  the  fiscal 
year  shall  commence  on  the  first  day  of  April  in  each  year,  and 
shall  end  by  the  first  day  of  the  next  succeeding  April,  including 
the  first  and  excluding  the  last  of  said  days. 

SFC.  2.  It  shall  be  the  duty  of  the  village  treasurer,  annually, 
on  or  before  the  first  day  of  April,  to  report  to  the  Board  of 
Trustees  the  report,  and  to  make  and  file  with  the  village  clerk 
the  account,  required  by  the  tenth  section  of  the  act  entitled, 
"  An  Act  to  provide  for  the  incorporation  of  cities  and  villages," 
approved  April  10th,  1872.  And  it  shall  be  the  duty  of  the 
village  clerk,  at  the  close  of  each  fiscal  year,  and  on  or  before 
the  first  day  of  April,  annually,  to  submit  to  said  Board  of  Trust- 
ees the  report  of  his  estimates,  prescribed  in  section  seventeen  of 
said  act  of  the  General  Assembly 

SEC.  3.  This  ordinance  shall  be  in  force  from  and  after  its 
passage. 

Passed  Jan.  20,  1 S I  I . 

Approved  Jan.  20,  lrt«4. 

<J.  J.  GILBERT,   President. 


23 

Gunpowder  and  Combustible  Materials. 

AN  ORDINANCE 

Regulating  t/te  Stow  ye  of  Gunpowder,  Coal  Oil  ntid  Certain  Couth  list  idle, 

Materinlx. 

SECTION  1.     How  to  be  stored — Penalty. 

'2.     Retailers  of  gunpowder  regulated. 
•>.     Retailers  of  coal  oil,  etc.,  regulated. 
4.     Duty  of  President  and    Fire    Marshal   to   make 
search — Penalty. 


Jfe  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston  : 


1.  That  no  person  or  persons  shall  keep  or  store  any 
gunpowder,  coal  oil,  kerosene  oil,  benzine,  naptha,  camphene  or 
gasoline,  in  any  store,  storehouse,  warehouse,  cellar  or  other 
place  within  said  village,  unless  the  same  shall  be  stored  in  a  fire- 
proof magazine  or  cellar,  to  be  located  and  approved  of  by  the 
President  and  fire  marshal  of  said  village  ;  jn-orided,  that  this 
section  shall  not  be  deemed  as  applicable  to  retailers  of  said  arti- 
cles, or  either  of  them.  Every  person  violating  the  provisions  of 
this  section  shall  be  subject  to  a  penalty  of  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars. 

SEC.  2.  No  retailers  of  gunpowder  shall  keep  or  store  any  quan- 
tity thereof,  greater  than  twenty-five  pounds  weight,  in  any  store- 
house, shop  or  place,  within  the  corporate  limits  of  this  village, 
except  in  a  magazine  or  cellar  as  aforesaid  ;  provided,  also,  that 
said  quantities  of  twenty-five  pounds  weight  shall  be  kept  in 
close,  tin  or  copper,  canisters,  containing  not  more  than  five 
pounds  each;  and  all  retailers  of  gunpowder  shall  place  on  the 
building  containing  the  same,  over  or  at  the  side  of  the  front 
door  thereof,  a  sign  with  the  words  "  Ptunler  for  /Sale,"  printed 
or  painted  thereon,  in  letters  at  least  three  inches  in  height  ;  and 
no  such  retailer  of  gunpowder  shall  be  permitted  to  sell,  retail,  or 
give  away  the  same,  in  said  village,  alter  lamp  or  gas  lighting  in  the 
evening;  and  every  person,  violating  the  provisions  of  this  section, 
shall  be  subject  to  a  penalty  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars. 

SEC.  3.     No  retailer  of  coal  oil,  kerosene  oil,  benzine,  naptha, 


34 

campliene  or  gasoline,  shall  keep  or  store  within  the  limits  of  said 
village,  a  quantity  greater  than  one,  barrel,  containing-  forty-live 
gallons,  of  each  of  said  articles,  which  shall  be  kept  in  a  cellar  or 
place  remote  from  fires,  lighted  lamps,  candles  or  gas  lights;  and 
no  such  retailer  shall  sell  or  give  away  the  same  after  lamp  or  gas 
lighting  in  the  evening.  Every  person,  violating  the  provisions  of 
this  section,  shall  be  subject  to  a  penalty  of  not  less  than  ten  dol- 
lars nor  more  than  fifty  dollars. 

SEC.  4.  It  shall  be  the  duty  of  the  President  or  fire  marshal,  when 
complaint  is  made  or  information  is  communicated  to  him,  by  any 
village  officer  or  citizen,  that  there  is  probable  cause  to  suspect  any 
person  or  corporation  of  keeping  or  having  stored  any  gunpowder, 
coal  oil,  kerosene  oil,  benzine,  naptha,  campliene  or  gasoline,  con- 
trary to  the  provisions  of  this  ordinance,  to  make  at  any  time  a 
careful  examination  of  any  building  or  place  within  said  village,  to 
ascertain  the  truth  of  such  allegation  or  suspicion  ;  and  if  it  be  found 
oil  such  examination  that  any  of  said  articles  are  therein  kept  or 
stored,  contrary  to  this  ordinance,  the  person  or  corporation 
keeping  or  storing  the  same,  or  occupying  the  building  or  prem- 
ises where  the  same  may  be  found,  shall,  on  conviction,  forfeit 
and  pay  not  less  than  ten  dollars  nor  more  than  fifty  dollars  for 
every  such  offense,  and  the  further  sum  of  ten  dollars,  for  every 
twenty-four  hours  any  of  said  articles  are  allowed  to  remain 
within  said  village,  contrary  to  this  ordinance. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President, 


Horse  Railroads. 

AN  ORDINANCE 

<'i>iu-rriiin(/ 


He  it  Onlntned  by  the 
Village  of  Evannton  : 

SK<  TION  1.  The  guage  of  all  horse  railroads,  that  may  be  laid 
within  the  corporate  limits  of  said  village,  is  hereby  fixed  at  four 
feet,  eight  and  one-half  inches,  unless  permission  by  the  Board  of 
Trustees  to  change  the  same  be  granted. 


25 

SK<  .  ;i.  All  rails,  which  shall  be  laid  on  any  horse  railroad 
track,  in  the  streets,  alleys,  or  other  public  grounds  of  said  village, 
shall  be  train  rails,  of  the  kind,  quality,  and  material,  customarily 
in  use  for  horse  railroads,  unless  express  permission  be  first 
obtained  by  the  order  or  resolution  of  said  Board  of  Trustees  to 
lay  a  different  kind  and  quality  of  rail.  The  upper  part  of  all 
rails  shall  not  be  laid  above  the  level  of  the  surface  of  the 
street,  and  the  whole  manner  of  constructing  said  railways,  so  as 
carry  out  the  provisions  of  this  ordinance,  shall  be  subject  to  the 
direction  of  said  Board  of  Trustees.  The  tracks  shall  not  be  laid 
within  twelve  feet  of  the  sidewalks  upon  any  of  the  streets,  with- 
out special  permission  of  said  Board  of  Trustees  first  obtained. 

SKC.  3.  All  proprietors,  or  corporations,  owning  or  operating 
horse  railroads  in  said  village,  shall  keep  the  tracks  of  their 
respective  roads,  within  the  limits  of  said  village,  in  good  condi- 
tion, and  in  such  manner  that  such  tracks  shall  not  at  any  time  be 
•elevated  above  the  svirface  of  the  streets  or  public  grounds,  on 
which  they  are  laid  ;  and  in  such  manner  also,  that  vehicles  can 
easily  and  freely,  at  all  times,  cross  said  tracks  at  all  points,  in 
any  direction,  without  obstruction.  They  shall  also  keep  in  good 
repair,  such  portions  of  the  streets,  as  they  may  agree  with  said 
village  so  to  do. 

SKC.  4.  Whenever  any  proprietor,  company,  or  corporation, 
owning  or  operating  any  horse  railroad  within  the  limits  of  said 
village,  shall  fail,  neglect,  or  refuse,  to  comply  with  the  provisions 
of  section  three  of  this  ordinance,  the.  street  commissioner  or 
other  officer  of  said  village,  so  directed  by  said  Board  of  Trustees, 
shall  cause  a  notice  to  be  served  upon  such  proprietor,  company, 
or  corporation,  requiring  the  track  or  tracks,  or  portion  of  the 
streets  required  to  be  kept  in  repair  by  such  proprietor,  company, 
or  corporation,  and  mentioned  in  such  notice,  to  be  put  in  the 
condition  specified  in  said  section  three,  within  five  days  after  the 
service  of  said  notice.- 

SK<'.  5.  If  any  such  proprietor,  company,  or  corporation,  shall 
fail,  neglect,  or  refuse,  to  put  the  track,  or  tracks,  or  any  part 
thereof,  or  portion  of  the  streets  as  aforesaid,  mentioned  in  such 
notice,  in  the  condition  specified  in  section  three  aforesaid,  within 
five  days  after  the  service  of  said  notice,  snch  proprietor,  company, 
or  corporation,  shall  forfeit  and  pay  a  penalty  of  not  less  than 
one  hundred  dollars,  nor  more  than  two  hundred  dollars  for  each 


offense,  and  a  further  penalty  of  fifty  dollars  for  every  day  such 
neglect,  failure,  or  refusal,  shall  continue,  after  the  expiration  of 
said  five  days. 

SEC.  .6.  If  any  proprietor,  company,  or  corporation,  owning 
or  operating  any  horse  railroad  in  said  village,  shall  suffer  or  per- 
mit any  car  or  cars  to  be  run  on  any  of  the  streets,  alleys,  or 
public  grounds,  or  any  portion  thereof,  within  the  limits  of  said 
village,  at  any  time,  without  such  car  or  cars  being  in  charge  of 
and  under  the  control  of  some  competent  conductor,  or  driver, 
such  proprietor,  company,  or  corporation  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars  nor  more  than  two  hundred 
dollars  for  each  offense. 

SEC.  7.  All  proprietors,  conductors,  or  drivers  of  horse  rail- 
road cars  are  hereby  prohibited  from  stopping  any  car  at  any 
street  crossing,  so  as  to  interfere  with  or  interrupt  the  travel  of 
the  several  streets,  which  such  car  is  required  to  cross.  In  stop- 
ping cars,  for  the  accommodation  of  passengers,  they  shall  in  all 
cases  pass  over  the  respective  cross  streets,  and  not  stop  until  the 
rear  of  the  car  shall  arrive  at  the  last  sidewalk  crossing,  in  the 
direction  in  which  the  car  shall  be  moving.  Every  person  or 
corporation,  violating  the  provisions  of  this  section,  shall  be  subject 
to  a  fine  of  not  less  than  three  dollars  nor  more  than  twenty 
'dollars  for  each  offense. 

SEC.  8.  In  all  cases,  where  any  team  or  vehicle  shall  meet  a 
car  upon  any  horse  railway  upon  the  streets  of  said  village,  such 
team  or  vehicle  shall  give  way  to  said  car.  No  person  shall  wil- 
fully or  maliciously  obstruct,  hinder,  or  interfere  with  any  such 
car,  by  placing,  driving,  or  stopping,  or  causing  to  be  placed  or 
driven  at  a  slow  pace,  or  stopped,  any  team,  vehicle,  or  other 
obstacle,  in,  upon,  across,  along,  or  near  to  the  track  of  such  rail- 
way, within  the  limits  of  said  village,  after  being  notified  by  the 
ringing  of  the  car  bell.  Every  person,  who  shall  wilfully  violate 
any  of  the  provisions  of  this  section,  shall  forfeit  and  pay  a  pen- 
alty of  not  less  than  five  dollars  nor  more  than  twenty  dollars 
for  each  offense. 

SEC.  9.  This  ordinance  shall  be  in  force,  from  and  after  the 
expiration  of  ten  days  from  its  publication  in  the  Evanston  Index. 

Passed  Jan.  20th,  1874. 
Approved  Jan.  20th,  1874. 

CIIAS.  J.  GILBERT,    President. 


27 

Ice. 

AN  ORDINANCE 
In,  Relation  to  tlw  Sale  of  In. 

SECTION   1.     Penalty  for  selling  impure  ice. 


Be  it  Ordained  by  the  President,  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION.  1.  That  it  shall  not  be  lawful  for  any  person,  or 
persons,  to  sell  any  family,  person,  or  corporation,  within  said 
village,  any  impure  ice,  or  any  ice  which  shall  contain  filth,  or 
any  other  matter,  substance,  or  thing,  and  which,  when  melted, 
will  render  the  water  impure,  or  the  use  of  the  same  unhealthful  ; 
and  any  person,  violating  this  ordinance,  shall  forfeit  and  pay  not 
less  than  three  dollars,  nor  more  than  fifty  dollars  for  every  such 
offense. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1H74. 

C.  J.  GILBERT,  President. 


Licenses. 

AN  ORDINANCE 
Authoriting  tfo  Granting  of  Licences. 

SECTION  1.  President  may  grant. 

2.  Licenses  to  be  subject  to  ordinances  of  village. 

3.  Bonds  to  be  approved  by  president  and  clerk. 

4.  Licens3  not  transferable. 

5.  When  granted  not  to  exceed  one  year. 
<).  Clerk  to  register. 

7.     Fees  of  president  and  clerk. 


Be.  it  Ordained  by  the  President  and  Board  of  Trustees  of  th« 
Vill<i<je  of  E  Winston: 

SECTION  1.     That,  unless  otherwise  provided  by  ordinance,  the 
president  of  said  village  is  hereby  authorized,  in  his  discretion,  to 


grant  all  licences,  provided  for  by  the  ordinances  of  said  village, 
which  licenses  shall  be  signed  by  the  president  and  countersigned 
by  the  clerk  of  said  village,  under  the  corporate  seal. 

SEC.  2.  All  licenses,  which  may  be  issued  under  any  ordi- 
nance of  this  village,  shall  be  subject  to  the  ordinances  and  regu- 
lations, which  may  be  in  force  at  the  time  of  issuing  thereof,  or 
which  may  subsequently  be  made  by  the  president  and  Board  of 
Trustees  ;  and  if  any  person  so  licensed,  shall  violate  any  of  the 
provisions  thereof,  he  shall  be  liable  to  be  proceeded  against  for 
any  fine  or  penalty  imposed  thereby,  and  his  license  shall  be  sub- 
ject to  be  revoked,  in  the  discretion  of  the  president,  or  of  the 
court  or  magistrate,  before  whom  he  shall  be  convicted  of  such 
violation. 

SEC.  3.  That  the  president  and  clerk  of  said  village  are  here- 
by authorized  to  approve  of  the  security  in  all  cases,  where  the 
ordinances  require  a  bond  to  be  given  to  the  village  before  a 
license  shall  issue,  and  said  bond,  when  so  approved,  shall  be  filed 
in  the  office  of  the  village  clerk. 

SEC.  4.  No  license,  granted  under  any  ordinance,  shall  be 
assignable  or  transferable,  without  permission  of  the  president 
and  village  clerk,  nor  shall  any  such  license  authori/e  any  person 
to  do  business  or  .act  under  it  but  the  person  named  therein, 
unless  such  ordinance  shall  otherwise  provide. 

SEC.  5.  No  license  shall  be  granted  at  any  one  time  for  a  lon- 
ger period  than  one  year  ;  and,  in  all  cases,  the  president  shall 
have  power  to  hear  and  grant  applications  therefor,  upon  the 
terms  specified  by  the  ordinances  of  the  village  ;  and  all  licenses 
shall  be  issuod  to  such  person  or  persons,  as  shall  comply  in  all 
respects  with  the  different  provisions  of  the  ordinances  of  the 
village,  and  as  the  president,  in  his  discretion,  shall  deem  suitable 
and  proper  persons  to  exercise  the  occupation  for  which  he,  she, 
or  they,  apply  to  be  licensed,  and  to  no  others. 

SEC.  6.  It  shall  be  the  duty  of  the  clerk  to  register,  in  suita- 
ble books,  all  licenses  issued  under  the  ordinances  of  said  village, 
entering  the  names  of  the  person  or  persons  licensed,  the  date  of 
the  license,  for  what  purpose  granted,  date  of  expiration,  the 
amount  paid,  the  name  of  the  security  on  the  bond,  and  if  trans- 
ferred, the  date  of  the  transfer,  and  to  whom,  and  a  column  may 
be  set  apart  for  remarks. 

SEC.  7.  That  the  fees  of  the  president  and  clerk,  for  issuing 
a  license  for  any  purpose,  shall  be  fifty  cents  each  ;  and  all  of 


29 

said  fees  shall  be  added  to  the  amount,  charged  for  the  license, 
and  paid  over  to  the  village  treasurer. 
Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Licenses  for  Various  Purposes. 

AN  ORDINANCE 

In,  Relation  to  Licenses  for  Various  Purposes. 

SECTION  1.     Auctioneers  must  be  licensed. 

2.     Brokers,  money-changers,  and  pawn-brokers  must 

be  licensed. 

Theatres,  circuses,  concerts,  etc.  must  be  licensed. 
Ordinaries,  second-hand  and  junk  stores  must  be 

licensed. 

5.  Second-hand  and  junk  dealers  shall  not  purchase 
from  minors,  without  consent  of  parents,  under 
penalty,  etc. 

0.  Conditions  and  terms,  upon  which  licenses  may 
be  granted. 

7.  Licenses  may  be  transferred. 

8.  Persons  licensed,  to  be  governed  by  ordinances; 

when  person  is  deemed  to  be  licensed. 


J3e  it  Ordained  by  the  President  and  .Hoard  of  Trustees  of  the 
Village  of  Evanston: 

SECTION  1.  That  it  shall  not  be  lawful  for  any  person  within 
said  village  to  exercise  the  business,  trade,  or  vocation  of  an  auc- 
tioneer, nor  to  sell  or  vend  at  public  auction  any  goods,  chattels, 
or  personal  property,  or  any  interest  therein,  without  first  having 
obtained  from  said  village  a  license  for  that  purpose,  as  herein- 
after provided;  and  any  person,  violating  this  section,  shall  forfeit 
and  pay  not  less  than  five  nor  more  than  one  hundred  dollars  for 
every  such  offense. 

SEC:.  2.  No  person  shall  set  up  or  keep  any  broker's,  loan,  or 
money-exchanger's  office,  or  pawn-broker's  exchange,  within  the 


limits  of  said  village,  without  first  having  obtained  a  license  for 
that  purpose,  as  hereinafter  provided;  and  any  person,  violating 
this  section,  shall  forfeit  and  pay  not  less  than  five  nor  more  than 
two  hundred  dollars  for  every  such  offense. 

SEC.  3.  It  shall  not  be  lawful  for  any  person  or  persons  to 
own,  conduct,  or  exhibit  any  show,  exhibition,  or  entertainment, 
within  said  village,  where  money  is  charged  to  hear  or  see  the 
same,  without  first  having  obtained  a  license  for  that  purpose,  as 
hereinafter  provided;  and  any  person,  violating  this  section,  shall 
forfeit  and  pay  not  less  than  five  nor  more  than  one  hundred 
dollars  for  every  such  offense.  Provided,  that  for  musical  parties 
or  concerts,  and  exhibitions  of  paintings  or  statuary,  given  or 
made  by  the  citizens  of  this  village,  no  license  shall  be  required. 

SEC.  4.  It  shall  not  be  lawful  for  any  person  or  persons  to  set 
up,  or  keep,  any  ordinary,  or  victualing  house,  or  place  where  any 
second-hand  furniture,  clothing,  jewelry,  rags,  old  metal,  or 
miscellaneous  articles  of  personal  property  are  purchased  and  sold, 
without  first  having  obtained  a  license  for  that  purpose,  as  here- 
inafter provided  ;  and  any  person,  violating  this  section,  shall 
forfeit  and  pay  not  less  than  ten  nor  more  than  one  hundred 
dollars  for  every  such  offense. 

SEC.  5.  It  shall  not  be  lawful  for  any  person,  having  a  license 
from  said  village  to  keep  a  second-hand  store  or  junk  store,  to 
purchase  or  receive  from  minors,  without  the  written  consent  of 
their  parents  or  guardians,  any  article  of  property  whatever;  and 
any  person,  violating  this  section,  shall  forfeit  and  pay  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars  for  every 
such  offense. 

SEC.  6.  Licenses  may  be  granted  for  any  of  the  purposes 
contemplated  by  this  ordinance,  upon  the  following  terms  and 
conditions,  to  wit :  1.  To  auctioneers,  for  the  period  of  one  year, 
for  the  sum  of  twenty-five  dollars;  and  for  any  period  less  than 
one  year  at  the  rate  of  twenty-five  dollars  per  annum.  2.  To 
stock  and  exchange  brokers,  for  the  term  of  one  year,  and  for  a 
sum  not  less  than  ten  dollars.  3.  To  pawn-brokers,  for  the  term 
of  one  year,  and  for  a  sum  not  less  than  ten  dollars.  4.  To  circus 
companies,  their  managers  or  agents,  to  exhibit  and  perform  for 
one  day,  fifteen  dollars;  for  two  days,  twenty-five  dollars.  5.  To 
the  managers  or  agents  pf  theatres,  shows,  concerts,  or  exhibitions, 
performances,  or  entertainments  of  any  kind  whatever,  as  contem- 
plated by  this  ordinance,  for  a  sum  of  not  less  than  two  dollars, 


for  each  and  every  day  such  person  shall  exhibit,  perform,  or 
show.  G.  To  the  keepers  of  ordinaries  or  victualing  houses,  for 
the  term  of  one  year,  and  for  a  sum  of  not  less  than  ten  dollars. 
7.  To  the  keepers  of  second-hand  stores,  or  junk  stores,  for  the 
term  of  one  year,  and  for  a  sum  of  not  less  than  fifteen  dollars. 

SEO.  7.  No  license,  issued  under  this  ordinance,  shall  be 
transferred,  unless  with  the  consent  of  the  President  and  village 
clerk,  and  such  transfer  shall  be  indorsed  on  the  license  by  said 
clerk,  and  be  by  him  registered. 

SEO.  8.  All  persons,  taking  out  licenses  under  this  ordinance, 
shall  be  subject  to  and  be  governed  by  the  ordinances  of  said 
village  now  in  force,  or  that  may  hereafter  be  passed,  in  relation 
to  any  of  said  licenses,  or  the  business  connected  therewith;  and 
no  person  shall  be  deemed  to  be  duly  licensed  under  this  ordi- 
nance, unless  he  has  paid  the  amount  charged  for  the  same,  and 
unless  the  license  has  been  actually  issued  and  delivered  to  him. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  loth,  1874. 

C.  J.  GILBERT,  President. 


Misdemeanors. 

AN  ORDINANCE 
lit,  Relation  to  Various  Misdemeanors  <utd  Offense*. 

SECTION  1.  Vagrancy. 

3.  Indecent  exhibition  pf  horses,  etc.  prohibited. 

3.  Disorderly  house. 

4.  Indecent  exposure,  etc.  prohibited. 

5.  Cruelty  to  animals. 

G.  Drunk  on  street,  etc. — Penalty. 

7.  Fire-arms,  etc.  not  to  be  discharged. 

8.  Immoderate  riding  or  driving  prohibited. 

9.  Sale  of  poison  regulated — Penalty. 

10.  Scaffolds  regulated — how  constructed. 

11.  Flying  kites — Penalty. 

12.  Leaving  horses,  etc.  unfastened — Penalty. 

13.  Dangerous  sports  prohibited — Penalty. 

14.  Law  of  the  road — Penalty  for  violation  of. 

15.  Penalty  for  defective  sidewalks,  open  gratings,  etc. 


32 


Penalty  for  selling  impure  milk. 

Penalty  for  disorderly  conduct. 

Penalty  for  disturbing  public  worship. 

Penalty  for  street  noises  and  false  alarms. 

Penalty  for  killing  birds,  etc. 

Penalty  for  getting  on  or  off  cars  in  motion. 

Bill  posting  prohibited  —  Penalty. 

Penalty  for  throwing  stones. 

Sale  and  distribution  of  indecent  books,  etc. 

Penalty. 

Bathing  prohibited  —  where  —  Penalty. 
Additional  penalties  in  certain  cases. 


He  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  All  persons,  who,  not  having  visible  means  to 
maintain  themselves,  are  without  employment,  idly  loitering  or 
rambling  about,  or  staying  in  groceries,  railroad  depots,  or  fire 
engine  houses,  or  who  shall  be  found  trespassing  in  the  night 
time  upon  the  private  premises  of  others,  or  begging,  or  placing 
themselves  in  the  street  or  other  thoroughfare  or  public  place 
to  beg  or  receive  alms;  and  all  persons,  who  go  about  for  the 
purpose  of  gambling  or  watch  stuffing,  or  who  shall  have  in  their 
possession  any  article  or  thing  used  for  obtaining  money  under 
false  pretences,  or  who  shall  disturb  any  place  where  public  or 
private  schools  are  held,  either  on  week  day  or  Sabbath,  or  place 
where  religious  worship  is  held,  shall  be  deemed  vagrants,  and, 
upon  conviction,  shall  be  fined  in  a  sum  not  less  than  two  dollars, 
nor  exceeding  one  hundred  dollars,  or  be  imprisoned  for  a  term 
not  exceeding  six  months,  or  both. 

SEC.  2.  No  person  or  persons  shall  indecently  exhibit  any 
stud  horse,  or  bull,  or  let  any  such  horse  to  any  mare  or  mares,  or 
any  bull  to  any  cow  or  cows,  within  the  limits  of  this  village, 
unless  in  some  enclosed  place  out  of  public  view,  under  a  penalty 
of  not  less  than  five  nor  more  than  one  hundred  dollars  for  each 
and  every  such  offense. 

SEC.  3.  If  any  person  shall  keep  a  common,  disorderly,  or  ill- 
governed  house,  or  suffer  any  person  to  play  at  cards,  or  other 
game  of  chance,  on  his  premises,  for  the  purpose  of  winning  or 


losing  money  or  any  other  article  or  thing,  every  such  person,  on 
conviction,  shall  be  fined  in  a  sum  not  less  than  ten  dollars,  nor 
exceeding  two  hundred  dollars. 

SEC.  4.  If  any  person  shall  appear  in  a  public  place  in  a  state  of 
nudity,  or  in  a  dress  not  belonging  to  his  or  her  sex,  or  in  an 
indecent  or  lewd  dress,  or  shall  make  any  indecent  exposure  of 
his  or  her  person,  or  be  guilty  of  any  lewd  or  indecent  act  or 
behavior,  or  shall  exhibit,  sell,  or  offer  to  sell,  any  indecent  or 
lewd  book,  picture,  or  other  thing,  or  exhibit  or  perform  any 
indecent,  immoral,  or  lewd  play  or  representation,  he  or  she  shall 
be  subject  to  a  fine  of  not  less  than  twenty  dollars,  nor  exceeding 
one  hundred  dollars. 

SEC.  5.  If  any  person  shall  inhumanly,  unnecessarily,  or 
cruelly  beat,  injure,  or  otherwise  abuse  any  dumb  animal,  or  over- 
load any  team,  or  expose  any  calves  or  sheep,  upon  the  streets  or 
sidewalks,  with  their  legs  tied,  he  shall  be  subject  to  a  fine  of  not 
less  than  five  dollars,  nor  exceeding  twenty  dollars,  in  any  case. 

SEC.  6.  If  any  person  shall  be  drunk  or  shall  be  in  a  state  of 
intoxication  in  any  highway,  street,  thoroughfare  or  public  place 
within  said  village,  or  in  any  private  house  or  place,  to  the  annoy- 
ance of  any  citi/en  or  person;  or  shall  solicit  alms  from  any 
person,  without  written  permission  from  the  President  of  said 
board,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on 
conviction,  pay  a  fine  not  exceeding  one  hundred  dollars. 

SEC.  7.  No  person  shall  fire  or  discharge  any  cannon,  gun, 
fowling  piece,  pistol  or  fire  arms  of  any  description,  or  fire,  ex- 
plode or  set  off  any  squib,  crackers  or  other  thing  containing 
powder,  or  other  combustible  or  explosive  material,  without  per- 
mission from  the  Board  of  Trustees,  or  written  permission  from 
the  President  thereof,  which  permission  shall  limit  the  time  of 
such  firing,  and  shall  be  subject  to  be  revoked  by  the  President 
of  Board  of  Trustees  at  any  time  after  it  has  been  granted.  Any 
violation  hereof,  shall  subject  the  offender  to  a  fine  of  not  less 
than  two  dollars,  nor  exceeding  ten  dollars. 

SEC.  8.  No  person  shall  immoderately  ride,  or  drive,  any 
horse  in  any  avenue,  street,  alley,  or  lane,  within  the  limits  of  this 
village,  under  a  penalty  of  not  less  than  two  dollars  nor  more 
than  ten  dollars.  And  it  is  hereby  made  the  duty  of  every  officer, 
and  it  shall  be  lawful  for  any  citizen,  to  stop  any  person,  who 
may  be  immoderately  riding  or  driving,  as  aforesaid. 

SEC.  0.     No  person    shall    vend,  give   away,  or  deliver,  within 


this  village,  any  deadly  poison,  knowing  the  same  to  be  such, 
without  marking  the  same,  in  legible  characters,  "PoisoNT,"  under 
a  penalty  of  five  dollars  for  each  offense. 

SEC.  10.  All  scaffolds  erected  in  this  village,  for  use  in  the 
erection  of  stone,  brick,  or  other  buildings,  shall  be  well  and 
safely  supported,  and  be  of  sufficient  width  and  properly  secured, 
so  as  to  insure  the  safety  of  persons  working  thereon,  or  passing 
under  or  by  the  same,  against  the  falling  thereof  or  of  such 
materials  as  may  be  used,  placed,  or  deposited  thereon  ;  any 
scaffold,  which  may  be  otherwise  erected,  shall  be  declared  a 
nuisance;  and  any  person,  who  shall  erect  or  use,  or  cause  to  be 
erected  or  used,  any  scaffold,  contrary  to  the  provisions  hereof, 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars,  and  not 
exceeding  one  hundred  dollars,  and  to  like  fine  for  every  day  the 
same  shall  remain  after  notice,  given  by  the  street  commissioner  or 
any  constable  of  said  village,  to  remove,  or  reconstruct  the  same. 

SEC.  11.  No  person  shall  raise  or  fly  a  kite,  in  any  part  of  any 
street,  avenue  or  lane  of  this  village,  under  a  penalty  of  one  dol- 
lar for  every  offense. 

SEC.  12.  No  person  shall  leave  any  horse,  horses,  or  other  an- 
imals attached  to  any  carriage,  wagon,  cart,  sleigh,  sled,  or  other 
vehicle,  in  any  part  of  the  streets,  avenues,  alleys  or  lanes  of  this 
village,  without  securely  fastening  such  horse,  horses,  or  other 
animal,  under  a  penalty  for  each  offense  of  not  less  than  two  dol- 
lars, nor  more  than  ten  dollars. 

SEC.  13.  Any  person,  who  shall  use  any  sport  or  exercise, 
likely  to  scare  horses,  injure  passengers,  or  embarrass  the  passage 
of  vehicles,  shall  be  subject  to  a  fine  not  exceeding  fifty  dollars. 

SEC.  14.  In  all  cases  of  persons  meeting  each  other  in  vehicles, 
in  any  highway  or  thoroughfare,  or  upon  or  near  any  bridge,  each 
person  so  meeting  shall,  in  all  cases,  turn  off  and  go  to  the  right 
side.  Whoever  shall  violate  this  section  shall  be  subject  to  a  fine 
of  not  less  than  two  dollars,  nor  exceeding  fifty  dollars;  he  shall 
likewise  be  subject  to  the  payment  of  all  damages,  which  may 
arise  from  collision,  unless  he  shall  be  able  to  prove  that  the  col- 
lision was  wholly  owing  to  the  fault  or  misconduct  of  the  other 
party. 

SEC.  15.  Any  person,  who  shall  keep  or  leave  open  any  cellar- 
door,  or  grating  of  any  vault,  on  any  highway,  or  sidewalk,  or 
suffer  the  same  to  be  left  or  kept  open,  or  who  shall  suffer  any 
sidewalk  in  front  of  his  premises  to  become,  or  continue, 8U  broken 


36 

as  to  endanger  life  or  limb,  shall  be  subject  to  a  fine  of  not 
exceeding  fifty  dollars  in  every  case. 

SEC.  16.  No  person  shall  sell,  offer  to  sell,  or  dispose  of,  any 
impure,  unwholesome,  adulterated,  or  diluted  milk,  in  said  village, 
under  a  penalty  of  not  less  than  twenty-five  dollars,  nor  more 
than  one  hundred  dollars  for  each  offense. 

SKC.  17.  Any  person,  who  shall  make,  aid,  countenance,  or 
assist  in  making  any  improper  noise,  riot,  disturbance,  breach  of 
the  peace,  or  diversion,  or  shall  use  threatening  or  abusive  lan- 
guage toward  any  other  person,  tending  to  a  breach  of  the  peace, 
in  the  streets,  or  elsewhere,  in  the  village,  and  all  persons,  who 
shall  collect  in  bodies  or  crowds  for  unlawful  purposes,  or  for 
any  purpose  to  the  annoyance  or  disturbance  of  citizens  or 
travelers,  shall  be  severally  subject  to  a  fine  of  not  less  than  one 
dollar,  nor  exceeding  one  hundred  dollars. 

SEC.  18.  Any  person,  who  shall  disquiet  or  disturb  any  congre- 
gation or  assembly,  met  for  religious  worship,  or  other  exercises, 
by  making  a  noise,  or  by  rude  and  indecent  behavior,  or  profane 
discourse,  within  their  place  of  worship,  or  so  near  the  same  as  to 
disturb  the  order  and  solemnity  of  the  meeting,  shall  be  subject 
to  a  fine  of  not  exceeding  fifty  dollars. 

SEC.  19.  Any  person,  who  shall  wilfully  give,  or  make,  a  false 
alarm  of  fire  or 'watch,  or  who  shall  employ  any  bellman,  or  use 
or  caused  to  be  used  any  bell,  horn,  or  bugle,  or  other  sounding- 
instrument,  or  who  shall  employ  any  device,  noise,  or  performance, 
tending  in  either  case  to  the  collection  of  persons  in  the  streets, 
sidewalks,  or  other  public  places,  to  the  obstruction  of  the  same, 
for  any  purpose  whatsoever,  without  permission  of  the  President 
of  said  board,  in  writing,  shall  be  subject  to  a  fine  not  exceeding 
twenty-five  dollars. 

SEC.  20.  Every  person,  who  shall  kill  or  wound,  or  attempt  to 
kill  or  wound,  by  the  use  of  fire-arms,  bow  and  arrow,  pelting 
with  stones,  or  otherwise,  any  bird  within  the  village  limits,  or 
shoot  an  arrow,  or  throw  a  stone  or  club,  or  other  missile,  at  any 
bird  within  any  private  grounds,  or  public  parks,  squares  or 
grounds,  or  rob  or  destroy  the  nests  of  any  bird,  or  birds,  or  enter 
upon  any  private  enclosure  or  public  grounds  belonging  to  the 
village,  for  the  purpose  of  doing  any  act  prohibited  in  this  section, 
shall,  upon  conviction,  be  fined  the  sum  of  five  dollars  for  every 
such  offense. 

SKC.  21.     No  person  shall  get   upon  or  off,  or  attempt   to  get 

5 


m 

upon  or  off,  any  locomotive,  engine,  tender,  car,  or  train  of  cars, 
(or  any  platform  or  step  thereof)  while  the  same,  or  either  of  them, 
are  in  motion,  without  first  having  obtained,  from  the  person  or 
persons  in  charge  thereof,  express  permission  so  to  do.  Any 
violation  hereof  shall  be  punished  by  a  fine  of  not  less  than  two 
dollars,  nor  more  than  fifty  dollars  for  each  offense. 

SEC.  22.'  No  person  shall,  within  the  limits  of  this  village, 
post  or  paint  an  advertisement  upon  any  private  wall,  door,  gate, 
or  fence,  (without  consent  in  writing,  first  obtained  of  the  owner 
of  such  wall,  door,  gate,  or  fence),  or  upon  any  curb-stone,  flag- 
ging, gutter-stone,  sidewalk,  gateway,  telegraph  pole,  fire  plug, 
hydrant,  wooden  or  iron  railing,  or  fence  of  any  public  grounds 
or  buildings,  of  the  announcement  for  sale  or  barter  of  any  de- 
scription of  drugs,  merchandise  or  medicine,  or  lottery,  or  any 
notices,  except  of  a  legal  or  general  public  character,  without  the 
previous  written  permission  of  said  President.  Any  person, 
violating  any  of  the  provisions  of  this  section,  shall  be  punished 
by  a  fine  of  not  less  than  twenty  dollars  for  each  and  every  offense. 

SEC.  23.  No  person  shall  throw  or  cast  any  stone,  or  other 
missile,  upon  or  at  any  building,  tree,  or  other  public  or  private 
property,  or  upon  or  at  any  person  in  any  street,  avenue,  alley, 
lane,  public  place,  or  inclosed  or  uninclosed  ground,  in  this  vil- 
lage, or  aid  or  abet  in  the  same,  or  hitch  or  fasten  any  horse  or 
team  to  any  tree  in  the  streets  of  said  village,  under  a  fine  for 
each  offense  of  not  less  than  five  dollars,  nor  more  than  twenty- 
five  dollars. 

SEC.  24.  No  person  or  persons  shall  expose,  circulate,  offer 
for  sale,  sell,  or  distribute  within  the  limits  of  this  village,  any 
obscene,  scandalous  or  libellous  newspaper,  book,  print,  pamphlet, 
circular,  or  periodical,  caricature,  picture,  drawing,  statue,  or 
other  object  whatever  of  any  immoral  or  scandalous  nature,  or 
calculated  to  excite  scandal,  immorality,  or  disturbance  of  the 
peace  or  public  tranquillity,  under  a  penalty  of  ten  dollars  for 
each  and  every  offense. 

SEC.  25.  No  person  shall  swim  or  bathe  in  Lake  Michigan  at 
any  time  during  the  day  or  night,  between  Hamilton  Street  on 
the  south  and  Haven  Street  on  the  north,  or  elsewhere  within  the 
village  limits,  in  the  day  time,  between  the  hours  of  five  o'clock 
A.  M.  and  eight  o'clock  P.  M.,  under  a  penalty  of  not  less  than 
two  dollars  nor  more  than  ten  dollars  for  every  offense. 

SEC.  20.     In  all  cases  arising  under  this  ordinance,  the  court 


37 

or  magistrate,  before  whom  conviction  may  be  had,  shall  have 
power,  in  addition  to  the  penalty  or  fine,  to  cause  the  offenders  to 
be  imprisoned  for  a  period  not  exceeding  six  months,  in  his  or 
their  discretion. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1S74. 

0.  J.  GILBERT,  President. 


Nuisances. 

AN  ORDINANCE 
In,  Relation  to  Nuisances. 

SECTION  1.  Keeping  of  swine  regulated — Penalty. 

2.  Enclosures  for  swine. 

3.  Slaughter  houses  prohibited. 

4.  Distilleries,  etc.  regulated. 

5.  Depositing  of  dead  animals  prohibited. 
I).  Owners  to  remove  same. 

7.  Occupant  of  lot  must  remove  dead  animals. 

8.  Depositing  of  ashes,  slops,  etc.  prohibited. 

'.).     Offensive  matter  washing  through  upon  adjoining 
premises. 

10.  Discharging  offensive  substances  into  Lake  Mich- 

igan prohibited. 

11.  Penalty  for  keeping  offensive  grounds. 

12.  Privies,  vaults,  etc.  regulated. 

13.  Cellars,  drains,  etc.  regulated. 

14.  Notices  for  abating  nuisances. 


He  it  Ordained  by  the  President  and  Hoard  of  Trustees  of  the 
Village  of  Evanxton : 

SECTION  1.  Any  person  or  persons,  who  shall  own,  keep  or 
use,  any  yard,  pen,  place  or  premises,  within  the  Village  of  Evans- 
ton,  in  or  upon  which  more  than  ten  cattle  or  swine  shall  be  con- 
fined or  kept,  at  any  one  time,  and  any  person  or  persons  who 
shall  own,  keep  or  use  any  yard,  pen,  place  or  premises,  in  or  upon 
which  a  less  number  of  cattle  or  swine  than  ten  shall  be  so  kept 
as  to  be  offensive  to  those  residing  in  the  vicinity,  or  an  annoy- 


38 

ance  to  the  public,  shall  be  deemed  the  author  of  a  nuisance,  and, 
on  conviction,  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars,  and  not  exceeding  fifty  dollars  in  every  case,  and  to  a  like 
fine  for  every  day  he,  she,  or  they  shall  neglect  or  refuse  to  abate 
such  nuisance,  when  notified  to  abate  the  same,  as  hereinafter 
provided. 

SEC.  2.  No  person  or  persons  shall  keep  or  have  kept  any 
one  or  more  swine  in  any  enclosure  or  pen  within  the  distance  of 
two  hundred  feet  of  any  dwelling  house  or  houses,  within  the 
limits  of  said  village;  and  any  such  enclosure  or  pen,  so  kept,  is 
hereby  declared  a  nuisance ;  and  any  person  or  persons,  so  keeping, 
or  having  kept  in  any  pen  or  enclosure  on  his  or  their  premises 
any  one  or  more  swine,  shall  be  deemed  the  author  of  a  nuisance, 
and  on  conviction,  shall  be  subject  to  a  fine  of  not  less  than  five 
dollars,  nor  more  than  twenty-five  dollars  in  every  case,  and  to  a 
like  fine  for  every  day  he,  she,  or  they  shall  neglect  or  refuse  to 
abate  such  nuisance,  when  notified  to  abate  the  same,  as  herein- 
after provided. 

SEC.  3.  It  shall  not  be  lawful  for  any  person  or  persons  to  kill, 
or  slaughter,  within  the  limits  of  said  village,  any  neat  cattle,  hogs 
or  sheep,  or  to  keep,  maintain,  or  use  therein,  any  house  or  place 
in  which  the  business  of  slaughtering  any  of  said  animals  may  be 
carried  on,  without  first  having  obtained  a  license  so  to  do,  and 
every  person,  violating  any  of  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  a  nuisance,  and,  on  conviction,  shall  forfeit 
and  pay  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
every  offense. 

SEC.  4.  It  shall  not  be  lawful  for  any  person  or  persons  to 
carry  on  the  business  of  distilling,  or  of  rendering  lard,  tallow, 
offal,  dead  animals,  or  other  substances  of  like  nature,  or  manufac- 
turing glue  or  bone  dust  within  the  limits  of  or  within  a  distance 
of  two  miles  of  the  limits  of  said  village;  and  every  person, 
violating  any  of  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  nuisance,  and,  on  conviction,  shall  forfeit  and  pay  not 
less  than  ten  dollars,  nor  more  than  one  hundred  dollars  for  every 
such  offense;  and  a  like  fine  for  every  day  he,  she  or  they  shall 
neglect  or  refuse  to  abate  such  nuisance,  when  notified  to  abate 
the  same,  in  the  manner  hereinafter  provided. 

SEC.  •">.  No  person  or  persons,  shall  place  or  deposit,  or  cause 
to  be  placed  or  deposited,  at  any  place  in  said  village,  any  dead 
horse,  cow,  hog,  dog,  or  the  carcass  or  remains  of  any  animal 


39 

whatever;  and  every  person  violating-  the  provisions  of  this  section, 
shall  be  deemed  guilty  of  a  nuisance,  and,  on  conviction,  shall 
forfeit  and  pay  not  less  than  five  dollars  nor  more  than  one  hun- 
dred dollars  for  every  such  ofiense,  and  all  expenses  of  removing 
and  burying-  the  same. 

SEC.  0.  When  any  dead  animal  shall  be  found  in  said  village, 
it  shall  be  the  duty  of  the  person  owning  such  animal  at  the  time 
of  its  death,  or  of  the  person  who  deposited  or  caused  the  same 
to  be  deposited,  to  remove  said  animal  forthwith  beyond  the  lim- 
its of  the  village,  and  bury  the*  fame  at  least  four  feet  deep;  and 
if  such  owner  or  person,  on  being  notified  thereof  by  anv  officer 
or  other  person,  shall,  after  a  reasonable  time,  refuse  or  neglect 
to  remove  and  bury  the  same,  as  herein  required,  he,  she,  or  they 
shall  forfeit  and  pay  not  less  than  five  dollars,  nor  more  than  fifty 
dollars  for  every  such  offense,  and  shall  also  pay  the  expense  of 
removing  and  burying  the  same. 

SEC.  7.  When  any  dead  animal  shall  be  found  on  any  lot  or 
part  of  a  lot  in  said  village,  it  shall  be  the  duty  of  the  person  or 
persons,  owning  or  occupying  such  lot  or  part  of  lot,  to  cause  the 
same  to  be  removed  forthwith;  and  such  owner  or  occupant  of 
such  lot,  or  part  of  lot,  or  any  other  person  removing  said  animal, 
may  collect  the  expense  of  such  removal  from  the  person  owning 
or  depositing  such  dead  animal;  and  if  any  owner  or  occupant  of 
any  lot,  or  part  of  lot,  shall  fail  or  neglect  to  remove  such  dead 
animal,  he  shall  forfeit  and  pay  not  less  than  five  dollars,  nor 
more  than  fifty  dollars  for  every  such  offense. 

SEC.  8.  It  shall  not  be  lawful  for  any  person  to  throw  or 
deposit,  or  cause  to  be  thrown  or  deposited,  at  any  place  in  said 
village,  any  ashes,  vegetables,'  meat,  slops,  swill,  animal  matter, 
suds,  garbage,  filth,  stable  drippings,  or  offal  of  any  kind,  which 
will  produce  an  offensive  odor,  or  whereby  the  health  of  any  por- 
tion of  the  community  may  be  affected  or  endangered;  and  every 
person,  violating  the  provisions  of  this  section,  shall  be  deemed 
guilty  of  a  nuisance,  and  shall  forfeit  and  pay  not  less  than  five 
dollars  nor  more  than  fifty  dollars  for  every  such  offense. 

SEC.  9.  It  shall  not  be  lawful  for  any  person  in  said  village  to 
throw  or  deposit,  or  cause  to  be  thrown  or  deposited,  any  slops, 
suds,  swill,  or  other  liquid  substance,  on  or  about  the  prmises  or 
lot  occupied  by  him  or  her,  in  such  manner  that  the  same  may 
run  or  be  washed  through  or  upon  any  adjoining  lot,  premises, 
street,  or  alley;  and  any  person,  violating  this  section,  shall  be 


40 

deemed  guilty  of  a  nuisance,  and,  on  conviction,  shall  forfeit  and 
pay  not  less  than  five  dollars  nor  more  than  fifty  dollars  for  every 
such  offense. 

SEC.  10.  Any  person  or  persons,  who  shall  discharge  or  throw, 
or  cause  to  be  discharged  or  thrown  into  Lake  Michigan,  within 
the  limits  of  said  village,  any  dead  animal,  offensive  substance, 
or  thing  which  shall  produce  an  offensive  or  nauseous  smell,  or 
which  might  affect  the  purity  of  the  water  or  endanger  the  health 
of  any  portion  of  the  citizens,  shall  be  deemed  guilty  of  a  nuisance; 
and  every  person  so  offending  shall,  on  conviction,  forfeit  and  pay 
not  less  than  five  dollars,  nor  more  than  fifty  dollars  for  every 
such  offense,  and  shall  also  pay  the  expense  of  removing  the 
same,  if  removal  be  practicable. 

SEC.  11.  If  any  person  shall  own,  occupy,  or  keep,  any  grounds 
or  other  premises  in  such  condition  as  to  be  offensive  to  the 
neighborhood,  he  shall  be  deemed  guilty  of  a  nuisance,  and  be 
subject  to  a  fine  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars,  and  to  a  like  fine  for  every  day  such  nuisance  shall  con- 
tinue after  the  first  conviction. 

SEC.  12.  No  person  shall  erect,  or  keep,  any  privy  within 
forty  feet  from  any  street,  or  the  dwelling,  shop,  or  well  of  any 
other  person,  unless  the  same  be  furnished  with  a  substantial 
vault,  six  feet  deep,  and  made  tight,  so  that  the  contents  cannot 
escape  therefrom,  and  be  sufficiently  secured  and  enclosed;  any 
person  so  offending  shall  be  deemed  guilty  of  a  nuisance,  and  be 
subject  to  a  penalty  of  ten  dollars,  and  to  a  like  penalty  for  every 
week  he  shall  continue  to  keep  the  same  after  the  first  conviction. 

SEC.  13.  If  any  person  shall  suffer  or  permit  any  chicken-coop, 
cow-house,  stable,  cellar,  vault,  private  drain,  pool,  privy,  sewer, 
or  sink,  upon  any  premises  belonging  to  or  occupied  by  him,  to 
become  nauseous,  foul,  offensive,  or  injurious  to  the  public  health, 
he  shall  be  deemed  guilty  of  a  nuisance,  and  be  subject  to  a  fine 
of  not  less  than  five  dollars,  nor  more  than  fifty  dollars  in  every 
case,  and  to  a  like  fine  for  every  day  the  same  shall  continue,  after 
notice  to  remove  and  abate  such  nuisance,  given  in  the  manner 
hereinafter  prescribed. 

SEC.  14.  All  notices  given  for  the  purpose  ofabatmg  nuisances 
as  above  specified,  shall  be  signed  and  served  by  the  street  com- 
missioner, or  any  constable  of  said  village. 

Passed  Jan.  loth,  18M. 

Approved  Jan.  13th,  1SJ4.  C.  .1.  CILUKh'T,  President. 


33 

Officers. 

AN  ORDINANCE 
tJtr.ir  Election,  Appointment,  find  ]~hitir*. 

SKCTIOX  1.  Officers,  their  election,  and  appointment. 

2.  Duties  of  village  clerk. 

•'}.  Duties  of  village  treasurer. 

4.  Duties  of  village  attorney. 

5.  Duties  of  fire  marshal. 

0.  Duties  of  street  commissioner. 

7.  Duties  of  engineer  and  surveyor. 

<S.  Duties  of  village  weigher,  sealer,  and  pound-master. 

9.  Duties  of  village  collector. 

10.  Collector's  term  of  office. 

11.  Collector's  bond. 

12.  Collector  to  report  to  Trustees — when. 
D>.  Collector's  compensation. 

14.     Collector's  report  to  county  collector. 
To.      Village  moneys — how  kept  by  collector. 


Jie  it  Ordained  by  the  President  and  Board  of  Trustees  of  tlie 
Village  of  Evanston : 

SECTION  1.  That  the  officers  of  said  village  shall  consist  of  a 
Board  of  six  Trustees,  one  of  whom  shall  be  chosen  by  said 
Board,  as  President,  and  a  village  clerk,  the  same  to  be  elected 
by  the  qualified  voters  of  said  village  ;  said  Trustees  and  clerk 
shall  hold  their  offices  for  one  year,  and  until  their  successors  are 
elected  and  qualified.  The  other  officers  of  said  village  shall  be 
appointed  by  said  President  and  Board  of  .Trustees,  and  shall 
hold  their  offices  until  they  are  removed  or  suspended,  or  until 
their  successors  are  appointed  and  qualified.  Any  officer,  so 
appointed,  may  from  time  to  time  be  suspended  or  removed  from 
office  for  good  and  sufficient  cause,  and  all  vacancies  may  be  filled 
by  said  President  and  Board  of  Trustees.  Said  officers  shall 
consist  of  a  treasurer,  an  attorney,  a  fire  marshal,  a  street  com- 
missioner, an  engineer  and  surveyor,  a  sealer  of  weights  and 
measures,  a  pound-master,  a  village'  weigher,  "and  a  village 
collector;  and  s;iid  I 'resident  and  Board  of  Trustees  iimy  ;ds<> 
from  time  to  time  appoint  such  further  or  other  ollicrrs  ;is  they 


may  deem  necessary,  and  for  such  term  (not  exceeding  the  fiscal 
year  for  which  they  are  elected)  as  they  may  see  fit. 

SEC.  2.  It  shall  be  the  duty  of  the  village  clerk  to  keep  the 
seal  of  said  village,  and  affix  the  same  to  all  papers  requiring  the 
corporate  seal;  to  attend  the  general  and  special  meetings  of  the 
Board  of  Trustees;  to  keep  a  correct  journal  of  all  its  proceedings, 
record  the  same  in  a  book  to  be  kept  for  that  purpose;  record  in 
a  separate  book  all  ordinances,  which  may  be  passed,  from  time 
to  time,  by  the  President  and  Board  of  Trustees,  and  cause  the 
same  to  be  published  (if  so  required  by  law)  within  one  month 
after  they  shall  have  been  passed,  in  such  newspaper  as  the  Board 
of  Trustees  may  designate;  keep  and  preserve  safely  all  papers 
pertaining  to  his  office;  prepare  and  deliver  all  licenses  and  bonds, 
on  the  receipt  of  the  proper  sums  of  money  therefor;  countersign 
all  vouchers,  and  deliver  the  same  when  called  for,  taking  a 
proper  receipt  for  the  same;  notify  all  officers,  appointed  by  the 
Board  of  Trustees,  of  their  election;  and  generally  to  do  and  per- 
form such  other  duties,  as  may  at  any  time  be  enjoined  on  him  by 
ordinance  or  resolution  of  the  Board  of  Trustees.  It  shall  be  the 
especial  duty  of  the  village  clerk,  at  the  close  of  each  fiscal  year, 
to  make  out,  and  publish  in  the  newspaper  selected  to  publish 
the  village  proceedings,  a  full  and  complete  statement  of  the 
receipts  and  expenditures  of  said  village  during  such  year,  and 
showing  on  what  account  received  and  expended;  and  such  fiscal 
year  shall  commence  on  the  first  day  of  April  in  each  year,  and 
shall  end  on  the  first  day  of  the  next  succeeding  April,  including 
the  first,  and  excluding  the  last  of  said  days. 

SEC.  3.  It  shall  be  the  duty  of  the  village  treasurer,  to  keep  a 
true  and  accurate  account  of  all  moneys  paid  into  the  treasury, 
by  whom  and  on  what  account  received;  keep  a  distinct  account 
of  all  special  assessments,  and  in  making  reports  to  the  Board  of 
Trustees,  to  make  a  separate  and  specific  report  of  the  same;  pay 
out  all  such  sums  of  moneys  as  may  be  ordered  by  the  said  Board, 
vouchers  therefor  being  signed  by  the  President  of  said  Board, 
and  countersigned  by  the  village  clerk;  and  finally,  to  make  an 
annual  report  of  the  state  of  the  treasury  and  of  his  doings,  to 
the  Board  of  Trustees,  or  oftener,  if  required  by  said  Board;  nnd 
the  treasurer  shall  perform  such  other  duties  as  may  be  prescribed 
by  ordinances,  or  resolution  of  the  Board  of  Trustees. 

SEC.  4.  It  shall  be  the  duty  of  the  village  attorney  to  keep  a 
docket  of  all  the  cases,  to  which  the  said  village  is  a  party,  in  any 


48 

court  of  record,  in  which  shall  be  briefly  entered  all  steps  taken 
in  each  cause  (and  which  shall  at  all  times  be  open  to  the  inspec- 
tion of  said  Board  of  Trustees)  and  to  attend  to  all  such  matters  in 
court.  It  shall  also  be  the  duty  of  said  officer  to  draft  all  ordi- 
nances, bonds,  contracts,  leases,  conveyances,  and  such  other 
instruments  of  writing  as  may  be  required  in  the  business  of  said 
village;  to  examine  and  inspect  tax  and  assessment  rolls,  and  all 
proceedings  in  reference  to  the  levying  and  collection  of  taxes 
and  assessments;  to  attend,  when  required,  the  meetings  of  the 
Board  of  Trustees,  and  to  perform  such  other  and  further  duties 
as  the  President  and  Board  of  Trustees  may  designate. 

SEC.  5.  It  shall  be  the  duty  of  the  fire  marshal  to  see  that  all 
chimneys  are  properly  constructed,  and  kept  in  good  order;  that 
all  stoves,  furnaces,  and  heating  apparatus  are  properly  put  up, 
secured,  and  protected;  that  no  rubbish,  shavings,  or  other  com- 
bustible materials  are  thrown  out  on  the  streets  and  alleys,  and 
burned  up  thereon,  or  allowed  to  remain  thereon,  contrary  to  the 
ordinances  of  said  village  in  such  cases  made  and  provided; 
that  no  straw,  hay,  or  other  combustible  material,  is  placed  or 
stacked  within  the  limits  of  said  village,  contrary  to  the  provisions 
of  the  ordinances  for  such  cases  provided ;  also  to  report  to  said 
Board  all  fires  in  said  village,  and  to  examine  into  the  probable 
cause  thereof;  and  to  perform  such  other  duties  as  the  Board  of 
Trustees  may  from  time  to  time  direct. 

SEC.  6.  It  shall  be  the  duty  of  the  street  commissioner  to 
superintend  streets,  alleys,  side  and  cross-walks  within  said 
village;  to  see  that  the  same  are  not  dug  or  taken  up,  or  other- 
wise injured,  and  to  keep  the  same  in  good  order  and  repair;  to 
have  the  same  kept  open  and  free  from  all  fences,  houses,  boxes, 
barrels,  wood,  coal,  and  everything  that  shall  interfere  with  the 
travel  thereon,  and  to  have  all  rubbish,  nuisances,  and  dead 
animals,  removed  therefrom  as  provided  by  the  ordinances  of  said 
village;  to  oversee  all  laborers  on  the  streets  and  alleys  in  said 
village,  and  keep  an  account  of  their  time,  and  report  the  same 
monthly  to  the  President  and  Board  of  Trustees. 

SEC.  7.  The  village  engineer  and  surveyor  shall  do  and  per- 
form, within  said  village,  all  engineering  and  surveying  and  such 
other  duties  pertaining  to  his  office,  as  may  from  time  to  time  be 
prescribed  to  him  by  ordinance,  order,  or  resolution  of  the  Pres- 
ident and  Board  of  Trustees,  or  cause  the  same  to  be  done  by 
some  competent  person,  lit-  shall,  when  requested  so  to  do, 
6 


44 

survey  any  private  lot  in  said  village  into  so"  many  parts  or 
divisions  as  may  be  desired,  and  put  down  the  necessary  stakes; 
designate,  when  requested  by  any  person  about  to  build  a  house 
or  fence,  or  grade,  or  make  a  sidewalk,  the  line  of  a  street,  lane, 
avenue,  or  alley,  on  which  such  house  or  fence  is  to  be  erected, 
or  sidewalk  made,  and  also  the  grade  of  such  street,  lane,  avenue 
or  alley,  and  make  out  and  deliver  to  individuals,  certificates  of 
all  surveys  made  at  their  request. 

SEC.  8.  The  duties  of  the  sealer  of  weights  and  measures  shall 
be  those  which  are  prescribed  by  the  ordinance  concerning 
"Weights  and  Measures,"  and  such  as  shall  be  required  of  him 
from  time  to  time  by  order  or  ordinance  of  said  Board  of  Trustees. 
The  duties  of  the  village  weigher  shall  be  those  which  are  pre- 
scribed by  the  ordinance  concerning  "Coal  and  Hay"  and  "Fire- 
wood," and  such  other  ordinances  as  may  from  time  to  time  be 
adopted  by  said  Board  of  Trustees.  The  duties  of  the  pound - 
master  shall  be  such  as  are  prescribed  by  the  ordinance  of  said 
village,  concerning  "Animals  running  at  large,"  and  such  other 
ordinances  as  may  be  enacted. 

SEC.  9.  That  a  village  collector  be  appointed  for  said  Village 
of  Evanston,  who  shall  perform  the  duties  prescribed  •  for  such 
officer  in  the  act  of  the  General  Assembly  of  the  State  of  Illinois, 
entitled,  "  An  Act  to  provide  for  the  incorporation  of  cities  and 
villages,"  approved  April  10th,  1872 ;  collect  special  assess- 
ments in  said  village,  and  perform  such  other  duties  appertain- 
ing to  his  said  office  as  may  from  time  to  time  be  prescribed  by 
ordinance,  order,  or  resolution  of  the  Board  of  Trustees  of  said 
village. 

SEC.  10.  Said  collector's  term  of  office  shall  continue  until  the 
first  day  of  May  next,  and  until  his  successor  shall  be  appointed 
and  qualified,  and  thereafter  there  shall  be  a  village  collector 
appointed  at  the  first  regular  meeting  of  the  said  Board  of 
Trustees,  in  May  of  each  and  every  year,  whose  term  of  office 
shall  be  one  year,  and  until  his  successor  shall  be  appointed  and 
qualified. 

SEC.  11.  Said  collector  shall  execute  a  bond  to  said  Village 
of  Evanston,  with  two  or  more  sureties,  to  be  approved 
by  said  Board,  in  such  sum  as  shall  be  from  time  to  time 
prescribed  by  order  or  resolution  of  said  Board,  conditioned  for 
the  faithful  performance  of  the  duties  of  his  office  and  the  pay- 
ment of  all  moneys  received  by  him,  according  to  law  and  tin- 


45 

ordinances  of  said  village,  and  for  a  compliance  with  the  orders 
and  resolutions  of  said  Board  of  Trustees. 

SEC.  12.  Said  collector  shall,  upon  the  first  day  of  each  and 
every  month,  submit  a  report  to  the  Board  of  Trustees  of  all 
moneys  collected  by  him,  and  shall  OH  the  first  day  of  each  and 
(.•very  month,  and  as  much  oftener  as  required  by  order  or  resolu- 
tion of  said  Board,  pay  over  to  the  village  treasurer  all  moneys 
received  by  him. 

SEC.  13.  Said  collector  shall  be  entitled  to  receive  for  his 
services  as  collector  such  compensation,  as  shall  hereafter  be 
agreed  upon,  and  fixed  by  ordinance. 

SEC.  14.  Said  collector  shall  make  and  return  a  report  in 
writing,  to  the  county  collector  of  Cook  County,  of  all  the  lands, 
town  lots,  and  real  property,  on  which  he  shall  have  been  unable 
to  collect  special  assessments,  with  the  amount  of  special  assess- 
ments due  and  unpaid,  together  with  his  warrant,  or  warrants, 
accompanied  with  the  oath  in  such  cases  by  the  statute  required, 
on  or  before  the  tenth  day  of  March,  next  after  the  same  shall 
have  become  payable,  unless  a  different  time  shall  be  appointed 
by  special  ordinance  in  particular  cases,  in  which  event  such 
cases  shall  be  governed  by  the  special  ordinance. 

SEC.  15.  The  said  collector  is  hereby  expressly  prohibited 
from  keeping  the  moneys  collected  by  him  in  his  hands,  or  in  the 
hands  of  any  person  to  his  use,  beyond  the  time  which  may  be 
prescribed  for  the  payment  of  the  same  to  the  village  treasurer; 
and  any  violation  of  this  provision  shall  subject  him  to  immediate 
removal  from  office. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874.  C.  J.  GILBERT,  President. 


Ordinances. 

AN  ORDINANCE 
Coinxriiiny  Ordinances,  their  publication,  iriwul,  and  (Joust  ruction. 


SECTION    1.  Reading,  filing  and  proof  of  ordinances. 

2.  When  Ordinances  take  effect. 

3.  Repeal,  and  effect. 

4.  To  whom  applicable. 

5.  Rights  saved. 


46 

0.     Procedure,  when  different  penalties  for  same  of- 
fense are  given.  [dinance, 
7.     Fines,  in   cases    where   no  penalty  is  fixed  by  or- 
<S.     Power  of  President  pro  tein. 
9.     Damages  resulting-  from  breach  of  ordinances. 


lie  it  Ordained  l>y  tlit  President  <<//</  />»<>/•</  <>f  Truxti  <•*  <>f  tlte 
Village  of  J£>-<uixt<»i  : 

SECTION  1.  All  ordinances,  passed  by  the  President  and 
Board  of  Trustees,  shall  be  recorded  by  the  clerk  in  a  book,  kept 
for  village  ordinances.  The  original  shall  be  filed  in  the  office  of 
said  clerk,  and  due  proof  of  publication  of  all  ordinances  requir- 
ing publication  shall  be  procured  by  the  clerk,  and  such  proof  or 
affidavit  of  publication  shall  be  attached  to  and  filed  away  with 
said  ordinances;  and  the  clerk  shall  also  note  on  his  said  book  of 
ordinances,  at  the  foot  of  the  record  of  each  ordinance,  a  memo- 
randum of  the  date  of  the  passage,  and  if  published  or  posted,  of 
the  date  of  the  publication  or  posting  of  such  ordinance. 

SEC.  'L  All  ordinances,  passed  by  the  President  and  Board  of 
Trustees,  requiring-  publication,  shall  take  effect  after  due  publi- 
cation thereof  as  required  by  law,  and  ordinances  relative 
thereto.  Ordinances,  not  requiring  publication,  shall  take  effect 
from  and  after  their  passage,  unless  otherwise  provided  therein. 

SEC.  3.  When  any  ordinance,  repealing  a  former  ordinance, 
clause,  or  provision,  shall  be  itself  repealed,  such  repeal  shall  not 
be  construed  so  as  to  revive  such  former  ordinance,  clause  or 
provision,  unless  it  shall  be  therein  so  expressly  provided. 

SEC.  4.  All  ordinances,  wherein  the  words,  "party,"  or 
"parties,"  "  person,"  or  "persons,"  "  he,"  or  "she,"  or  "they,,' 
shall  be  used  either  jointly  or  separately,  shall  be  construed  to 
extend  to  and  include  either  male  or  female,  and  also  bodies 
corporate,  unless  otherwise  therein  provided,  except  where  the 
subject  matter  or  context  of  the  ordinance  could  not  be  so  con- 
strued without  repugnancy. 

SEC.  5.  Whenever  an  ordinance  shall  be  repealed,  or  modified, 
by  a  subsequent  ordinance,  the  ordinance  or  part  of  ordinance, 
thus  repealed  or  modified,  shall  continue  in  force,  until  the  due 
publication  or  posting  of  the,  ordinance  repealing  or  modifying 
the  same,  when  such  publication  or  posting  shall  be  required  to 
irive  effect  tli«'i'et< >.  unless  therei n  otherwise  expressly  provided. 


47 

But  no  suit,  proceeding,  right,  fine  or  penalty,  instituted  or  cre- 
ated, given,  secured,  or  accrued  under  any  ordinance  previous 
to  its  repeal,  shall  in  anywise  be  affected,  released  or  discharged, 
but  may  be  prosecuted,  enjoyed  and  recovered  as  fully  as  if 
such  ordinance  had  continued  in  force,  unless  it  shall  be  therein 
otherwise  expressly  provided. 

SEC.  0.  In  all  cases,  when  the  same  offense  may  be  made 
punishable,  or  shall  be  created,  by  different  clauses  or  sections  of 
the  ordinances  of  said  village,  the  prosecuting  officer  may  elect 
under  which  to  proceed;  but  no  more  than  one  recovery  shall  be 
had  against  the  same  person  for  the  same  offense. 

SKC.  7.  Whenever  in  any  ordinance  the  doing  of  any  act,  or  the 
omission  to  do  any  act  or  duty,  is  declared  to  be  a  breach  thereof, 
and  there  shall  be  no  fine  or  penalty,  declared  for  such  breach, 
any  person,,who  shall  be  convicted  of  such  breach,  shall  be  ad- 
judged to  pay  a  fine  of  not  less  than  three  dollars  nor  more  than 
two  hundred  dollars. 

SEC.  8.  Whenever  any  power  shall  be  vested  in  the  President 
of  the  Board  of  Trustees,  or  he  shall  be  required  to  do  any  act 
or  perform  any  executive  function,  in  his  absence,  it  shall  be  the 
duty  of  the  acting  President,  for  the  time  being,  to  exercise  such 
power  and  perform  such  act  or  executive  function  as  fully  as  if 
especially  named  in  the  ordinance,  unless  it  shall  be  therein 
otherwise  expressly  provided. 

SEC.  9.  Whenever  in  any  ordinance  the  doing  of  any  act,  or 
the  omission  to  do  any  act  or  duty,  is  declared  to  be  a  breach 
thereof,  and  damage,  loss,  expense,  or  injury  to  the  village,  or  to 
any  person,  is  a  result  or  consequence  of  such  doing  or  omission, 
compensation  for  such  damage,  loss,  expense  or  injury,  may  be 
recovered  from  the  offender  by  the  party  aggrieved. 

Passed  Jan.  6th,  1874. 

Approved  Jan.  6th,  1874. 

C.  J.  GILBERT,  President. 


Plumbers. 

AN  ORDINANCE 

Fof  tkr.  GOI-I  rn nn  nl  of    I'lin/ilx  /'*. 

SECTION  1.     Must  procure  license— -Penalty. 


/>'(    it,  Ordiiined  by  the  Presidqrd  <m<f  Hoard  <>/'  Truth  <*  of  the, 
Village  of  Evanston : 

SECTION.  1.  That  any  person,  who  shall  lay  any  water  service 
pipes,  or  introduce  into  or  about  any  building-,  or  on  any  grounds, 
any  water  pipes,  or  do  any  plumbing  work  in  any  building,  or  on 
any  grounds,  for  the  purpose  of  connecting  such  pipes,  or  plumb- 
ing works,  with  the  pipes  of  the  Evanston  Water  Works,  or  of 
preparing  them  for  such  connections,  with  the  view  of  having 
such  premises  supplied  with  water  by  the  Evanston  Water 
Works,  or  who  shall  make  any  addition  to  or  any  alteration  of 
any  water  pipe,  bath,  water-closet,  stop-cock,  or  other  fixtures,  or 
apparatus,  for  the  supplying  of  any  premises  with  water,  without 
being  duly  licensed  to  perform  said  work  by  the  President  of  the 
Board  of  Trustees  of  the  village  of  Evanston,  and  without  having 
first  obtained  a  permit  for  the  doing  of  such  wqrk  from  said 
President,  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars 
and  not  exceeding  fifty  dollars  in  every  case. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President, 


Police. 

AN  ORDINANCE 

diiiy  fur  Rcyular  >md  S^cciiil  Police  IIH'H  in  tin    V  illdi/i   of  k'/'ii  /IK/OK. 


S.K<  TION  1.  Policemen,  regular  and  special  —  how  appointed. 

2.  Duties  and  authority  of  policemen. 

3.  Powers  of  entry. 

4.  Neglect  of  duty  —  fraud  and  malfeasance. 

5.  Resistance  of  officers  —  Penalty. 

0.  Duty  to  assist  officers  —  Penalty  for  failure. 

7.  Personating  police  —  Penalty. 

8.  Dismissal  from  service  —  when.  [to  Board. 
'.).  Appointments  of  special  policemen  to  be  reported 


lie  it  Ordiiiinil  by  the  President  and  .Hoard  of  Trustees  of  the 

Vfll<i;/e  of  Entnxtoii  : 

SKI  i  ION  1.     The  Board  of  Trustees  of  said  village  may  from 
time  to  time,  in  their  discretion,  by  order  or  resolution,  -appoint 


49 

such  regular  policemen  in  and  for  said  village,  as  they  shall  con- 
sider necessary,  whose  term  of  office  and  compensation  shall  be 
fixed  in  such  order  or  resolution.  And  the  President  of  said 
Board,  may  in  cases  of  emergency,  without  the  action  of  said 
Board,  appoint  to  preserve  the  public  peace,  such  special  policemen 
as  he  may  require,  to  serve  under  his  directions  for  a  period  not  ex- 
ceeding forty-eight  hours  from  the  time  of  their  appointment,  and 
who  shall  receive  such  compensation  for  their  services  as  shall  be 
fixed  by  said  Board.  All  regular  and  special  policemen  shall, 
before  entering  upon  their  duties,  take  and  subscribe  an  oath  to 
faithfully  and  impartially  discharge  the  duties  of  their  office,  as 
fixed  by  ordinance,  in  addition  to  the  requirements  of  the  oath 
administered  to  oilier  officers  of  said  village,  and  shall  in  order 
to  be  qualified  to  act  as  such,  be  citi/ens  of  this  State,  and  actual 
residents  of  said  village,  and  be  commissioned  by  warrant  under 
the  hand  of  said  President,  and  the  Village  Clerk,  attested  by 
the  corporate  seal. 

SK<:.  2.  The  several  members,  regular  and  special,  of  the 
police  force  of  said  village,  when  on  duty,  shall  devote  their  time 
and  attention  to  the  discharge  of  the  duties  of  their  stations, 
according  to  the  laws  and  ordinances  of  said  village,  and  the 
directions  of  the  President  of  said  Board,  and  it  shall  be  their 
duty,  to  the  best  of  their  ability,  to  preserve  order,  peace  and 
quiet,  and  enforce  the  ordinances  of  said  village.  They  and  each  of 
them  shall  have  power  to  arrest,  on  view,  all  persons  in  the  village 
found  in  the  act  of  violating  any  law  or  ordinance,  or  aiding  or 
abetting  in  any  such  violation,  and  to  take  such  persons  so 
arrested  before  the  police  magistrate  of  said  village,  or  any  jus- 
tice of  the  peace  of  Cook  County,  for  trial,  or  to  detain  such 
offenders  in  custody,  under  the  circumstances  specified  in  the 
ordinances  of  said  village,  concerning  "Arrests,  and  the  Recovery 
of  Fines,  Penalties  and  Costs,"  until  they  can  be  conven- 
iently brought  to  trial  before  such  magistrate  or  justice.  They 
shall  have  power  and  authority  in  said  village  to  serve  and  execute 
warrants,  and  other  process  for  the  apprehension  and  commitment 
of  persons,  held  for  examination  or  trial,  charged  with  or  taken 
in  execution  for  the  commission  of  any  crime,  or  misdemeanor, 
or  violation  of  any  law  or  ordinance  of  said  village  ;  and  while 
executing,  serving,  or  assisting  in,  the.  service  of  any  such  war- 
rant or  process,  shall  have  all  the  powers  and  authority  vested  in 
constables  by  the  common  law  or  any  laws  of  this  State. 


50 

SEC.  3.  They  shall  have  power  and  authority,  in  a  peaceable 
manner,  or,  it'  refused  admittance  after  a  demand  is  made,  with 
force,  to  enter  into  any  house,  store,  grocery,  shop  or  other  build- 
ing whatever,  in  this  village,  in  which  any  person  or  persons 
may  reasonably  be  expected  to  be  for  unlawful  purposes,  and  if 
any  person  or  persons  shall  be  found  therein  guilty  of  any  crime 
or  misdemeanor,  or  violation  of  any  ordinance  for  the  preserva- 
tion of  the  peace  and  good  order  of  the  village,  or  who  may 
reasonably  be  suspected  thereof,  or  who  shall  be  aiding  or  abet- 
ting such  person  or  persons  so  found  in  any  such  offense,  they 
shall  apprehend,  keep  in  custody,  and  bring  to  trial,  such  person 
or  persons  as  in  cases  of  other  arrests. 

SEC.  4.  Any  policeman,  who  shall  neglect  or  refuse  to  perform 
any  duty,  required  of  him  by  the  President  of  the  Board  of 
Trustees,  or  the  ordinances  of  said  village,  or  who  shall  in  the  dis- 
charge of  his  duties,  be  guilty  of  any  fraud,  extortion,  oppression, 
favoritism,  partiality,  or  wilful  wrong  or  injustice,  shall  forfeit 
and  pay  a  penalty  not  exceeding  one  hundred  dollars  for  each 
offense. 

SEC.  5.  Any  person,  who  shall  in  this  village  resist  any  police- 
man, village  marshal,  or  constable,  in  the  discharge  of  his  duty, 
or  shall  in  any  way  interfere  with,  hinder,  or  prevent  him  from 
discharging  his  duty  as  such  policeman,  marshal,  or  constable, 
or  shall  offer  or  attempt  to  do  so,  and  every  person,  who,  shall  in 
any  manner,  assist  any  person  in  custody  of  any  policeman, 
village  marshal,  or  constable,  to  escape  or  attempt  to  escape  from 
such  custody,  or  shall  rescue,  or  attempt  to  rescue  any  person  in 
such  custody,  shall  be  fined  not  less  than  three  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 

SEC.  G.  It  shall  be  the  duty  of  all  persons  in  this  village,  when 
called  upon  by  the  village  constable,  marshal,  or  any  policeman  of 
said  village,  to  promptly  aid  and  assist  him  in  the  execution  of  his 
duties  in  preserving  peace  and  good  order,  and  in  the  appre- 
hension of  offenders;  any  person  who  shall  neglect  or  refuse  to  give 
such  aid  and  assistance,  shall  be  fined  not  exceeding  one  hundred 
dollars. 

SEC.  7.  Any  person,  who  shall  within  said  village,  falsely  rep- 
resent himself  to  be  a  policeman,  or  who  shall,  maliciously  or  with 
intent  to  deceive,  use  or  imitate  any  of  the  signs,  signals,  or 
devices  adopted  and  used  by  the  police  force  in  the  discharge'  <»f 
their  duties,  or  shall  wear  in  public  the  uniform  or  badge  adopted 


as  the  uniform  or  badge  for  such  policemen  after  having-  been 
removed  or  suspended  from  the  police  force,  or  after  ceasing  to  be 
such  policeman,  shall  be  subject  to  a  fine  of  not  less  than  three 
dollars  nor  more  than  one  hundred  dollars. 

SEO.  8.  Any  regular  or  special  policeman  may  be  dismissed 
from  service,  for  incompetency,  disobedience  of  orders,  violation  of 
duty,  immoral  conduct,  or  other  good  cause,  by  said  Board  of 
Traistees,  or  the  President  thereof,  at  his  or  their  discretion. 

SEC.  9.  It  shall  be  the  duty  of  the  President  of  the  Board  of 
Trustees  to  report  to  said  Board  all  appointments  of  special  police- 
men, made  by  him,  at  the  first  regular  meeting  of  said  board 
held  after  any  such  appointment. 

SEC.  10.  This  ordinance  shall  take  effect  from  and  after  the 
expiration  of  ten  days  from  its  publication,  according  to  law. 

Passed  Feb.  5th,  1874. 

Approved  Feb.  5th,  1874. 

C.  J.  GILBERT,  President. 


Prevention  of  Fires. 

AN  ORDINANCE 

For  flic  PriTi'iition  of  Fire*. 

SECTION  1.  Stoves  and  pipes,  how  to  be  used. 

2.  Stoves,  how  and  where  placed — fire  place. 

3.  To  be  three  inches  from  any  wood-work. 

4.  Pipe  to  be  secured  in  its  position. 

5.  How,  and  where,  the  pipe  shall  discharge, 
fi.  Penalty  for  violation. 

7.  Chimneys  regulated. 

.S.  Hay,  straw,  etc.,  not  to  be  stacked  within  village 

limits,  unless  by  permission. 

9.  Burning  of  hay,  straw  and  etc.,    regulated. 

10.  Use  of  lights  and  fires  in   stables,  etc.  regulated. 

11.  Removal  of  chips,  shavings,  etc. 

12.  Carry  ing  of  fire  regulated. 

L:).     Duty   of  fire  marshal  to  examine  building,  etc.; — 
penalty  for  disobeying. 


52 


lie  it  Ordained  by  the  Pr<-x!<f<-»f  <m<!  Jiom-d  <>f  Trustees  of  the 
Village  of 


SECTION  1.  That  it  shall  not  be  lawful  for  any  person  to  erect 
or  use  any  stove,  or  stove-pipe,  in  the  Village  of  Evanston,  except 
in  accordance  with  the  following  provisions  of  this  ordinance. 

SEC.  2.  Every  stove  in  use  shall  be  placed  on  a  floor  or 
platform  of  brick,  or  other  incombustible  material,  of  sufficient 
thickness  and  extent  to  prevent  all  danger  of  fire  to  any  floor  or 
other  wood  work  from  such  stove;  and  all  other  fire-places  and 
hearths,  of  every  description,  shall  be  kept  in  good  and  sufficient 
repair  to  prevent  any  danger  from  fire. 

SEC.  3.  No  part  of  any  stove-pipe  shall  be  placed  or  suffered 
to  remain  within  the  distance  of  three  inches  from  any  wood  or 
wood-work  whatever. 

SEC.  4.  Every  stove-pipe,  in  its  passage  through  the  ceiling, 
floor,  partition,  wall,  or  roof,  shall  be  secured  in  its  position  at  ev- 
ery such  passage  by  plates  of  tin  or  iron,  or  by  means  of  cut 
stone  or  earthen  safes;  and  all  horizontal  pipes,  or  portions  of 
pipe  not  perpendicular,  shall  be  supported  by  wires  or  other 
proper  supporters,  so  as  to  prevent  all  danger  of  the  falling  of 
such  pipes.  » 

SEC.  5.  No  stove-pipe  shall  pass  through  more  than  one  ceil- 
ing before  entering  a  chimney,  or  terminate  or  discharge  at  any 
distance  less  than  three  feet  from  the  roof  or  any  other  wood-work 
of  any  building,  nor  discharge  towards  any  building  so  as  to  en- 
danger the  same,  nor  into  any  street  or  alley. 

SEC.  6.  Every  person,  who  shall  violate  any  of  the  provis- 
ions of  the  foregoing  sections  of  this  ordinance,  shall,  on  convic- 
tion, be  subject  to  a  penalty  of  not  less  than  five  dollars,  nor 
more  than  one  hundred  dollars  for  every  offense. 

SEC.  7.  No  person  shall  build,  or  cause  to  be  built,  a  chimney 
resting  upon  any  part  of  a  building  liable  to  settle,  unless  such 
foundation  is  permanently  connected  with  the  rafters  where  the 
chimney  passes  through  the  roof,  so  that  the  whole  may  settle 
together;  and  no  chimney  shall  be  commenced  in  any  loft  unless 
there  are  fixed  stairs  leading  to  the  same,  easy  of  access  at  all 
times,  under  a  penalty  of  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars,  for  every  such  offense  and  a  further  sum 
of  five  dollars  for  cadi  week  either  shall  remain,  after  notice 
shall  be  given  by  the  lire  marshal  tn  alter  the  same. 


53 

SKC.  8.  No  person  or  persons  shall  deposit,  or  stack,  any  hav, 
straw,  or  any  other  combustible  substance,  within  one  hundred 
feet  of  any  dwelling  house,  barn,  stable,  outhouse,  or  building  of 
any  description,  within  the  limits  of  the  Village  of  Evanston, 
without  first  having  obtained  written  permission  from  the  Presi- 
dent and  fire  marshal  of  said  village,  under  a  penalty  of  twenty 
five  dollars  for  every  such  offense,  and  a  like  penalty  for  every 
week  the  same  may  remain  after  notice  to  remove. 

SEC.  9.  No  hay,  straw,  shavings,  or  other  combustible  matter 
shall  be  set  fire  to,  or  burned,  within  any  street,  alley,  public  or 
private  ground,  within- the  fire  limits  of  said  village.  Nor  shall 
any  hay,  straw,  shavings,  or  other  combustible  matter,  be  set  fire 
to,  or  burned,  without  the  fire  limits  and  within  the  village,  near- 
er than  sixty  feet  to  any  house,  barn,  shell  or  wooden  building, 
unless  by  the  direct  permission,  in  writing,  or  superintendence  of. 
the  fire  marshal.  Any  person,  so  offending,  shall  be  liable  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  fifty  dollars 
for  every  offense. 

SK<  .  10.  No  lighted  candle  or  lamp  shall  be  used  in  any  stable, 
or  other  place  or  building,  where  hay,  straw,  or  other  combusti- 
ble materials,  shall  be  kept,  unless  the  same  shall  be  well  secured 
in  a  lantern,  and  evey  person  thus  offending  shall  be  liable  to  the 
penalty  of  five  dollars  for  each  offense;  and  no  fire  shall  be  kept 
in  any  stove,  or  otherwise,  in  any  such  building,  or  any  room 
where  such  combustible  material  is  kept,  and  any  person  so  of- 
fending shall  be  liable  to  a  penalty  of  ten  dollars,  and  an  addi- 
tional penalty  of  five  dollars  for  each  and  every  twelve  hours  that 
said  fire  shall  so  remain. 

SEC.  11.  Every  person,  keeping  or  occupying  a  shop  or  other 
building,  wherein  shavings  or  other  combustible  materials  are  made, 
accumulated,  or  may  be  contained,  shall  forfeit  the  sum  of  two 
dollars  for  every  neglect  to  clear  or  remove  the  same  out  of 
such  buildings,  and  the  yards  belonging  thereto,  at  least  three 
times  in  each  week;  and  no  stove  shall  be  used  in  any  such  shop 
or  building,  unless  the  same  shall  be  set  in  a  box  surrounded 
with  fire  proof  material,  with  thr  pipe  carefully  set  up  according 
to  the  provisions  of  this  ordinance;  and  no  lighted  candle  or  lain)) 
shall  be  used  in  any  such  shop  or  building,  unless  the  same  shall 
be  well  secured  in  a  lantern.  Kvery  person  violating  any  of  the 
provisions  of  this  section  shall  be  subject  to  the  penalty  of  five 
dollars  for  every  such  offense. 


54 

SKC.  12.  Any  person,  who  shall  carry  fire,  in,  or  through  any 
street,  or  lot,  or  other  public  or  private  place,  except  the  same 
be  placed  or  covered  in  some  close  or  secure  pan,  or  other  ves- 
sel, shall  be  subject  to  the  penalty  of  one  dollar  for  each  offense. 

SKC.  13.  It  shall  be  the  duty  of  the  fire  marshal  of  .said  vil- 
lage to  examine  carefully,  at  all  times  during  the  year,  every 
house,  store,  warehouse,  shop  or  building,  and  places  for  the  de- 
posit of  ashes,  chips  or  shavings,  and  also  to  remove  and  abate  any 
cause  from  which  immediate  danger  of  fire  may  be  apprehended, 
and  to  cause  all  buildings,  chimneys,  stoves,  pipes,  hearths,  ovens, 
boilers,  ash-houses,  ash-barrels,  smoke-houses,  and  all  fixtures, 
things  and  apparatus  used  in  or  about  every  building  which  shall 
be  found  in  such  condition  as  to  be  considered  unsafe,  to  be, 
without  delay,  at  the  expense  of  the  owner  or  occupant  thereof, 
put  in  such  condition  as  not  to  be  dangerous  in  causing  or  pro- 
moting fires;  and  any  person,  refusing  or  neglecting  to  comply 
with  the  provisions  of  this  section,  or  with  the  notice  or  request 
of  the  said  fire  marshal,  given  or  made  in  reference  to  any  matter 
or  thing  contained  in  this  section,  shall,  on  conviction,  be  sub- 
ject to  a  penalty  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars  for  every  such  offense.  . 

Passed  Jan.  13,  1874. 

Approved  Jan.  13,  1874. 

C.  J.  GILBERT,  President. 


Sanitary  Ordinance. 

AN  ORDINANCE 

< 'iiin'i  rni/it/  a  Jjoiird  of  Hetdtk,  <tud  Stt/iitm-i/  llc</iil.<it,i<>nx  in,  the 

Of  El'illixtoii. 

SK<  TION    1.  Board  of  Health  established. 

2.  Prevention  of  contagion — Vaccination. 

3.  Health  officers — I)uties  and  powers. 

4.  Nuisances— how    abated — Neglect    to    comply — 

Penalty. 

").     Patients  having  infections  diseases  to  be  removed. 
<i.     Notice  of  small  pox-— Removal — Penalty. 
7.     Hospitals— how  supplied  —  Interments. 


55 

8.     Physicians  to  report  cases  of  infectious  disease — 

Penalty  for  failure. 
!).     Householders  to  report — Penalty. 

10.  Patients,  with  infectious  disease,  going  abroad — 

Penalty. 

11.  Board  of  Health  to  make  rules. 

I'-i.     Hospitals  and  quarantine  stations — how  and  when 
established — Regulations. 

13.  Rules  and  regulations — Penalty  for  violation. 

14.  Expenses — how  audited  and  paid. 


lie  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  That  there  be  and  there  is  hereby  established  a 
Board  of  Health  in  said  village,  which  shall  consist  of  three 
members,  citi/ens  of  said  village,  to  be  appointed  by  said  Board 
of  Trustees,  and  who  shall  hold  their  office  during  the  pleasure  of 
said  Board  of  Trustees.  All  vacancies  in  said  Board  of  Health 
may  be  filled,  and  any  member  thereof  may  be  removed  from 
office,  from  time  to  time,  by  said  Board  of  Trustees,  at  discretion. 

SEC.  2.  The  said  Board  of  Health,  may  take  such  measures,  as 
they  may,  from  time  to  time,  deem  necessary  to  prevent  the  spread 
of  the  small-pox,  or  other  pestilential  diseases,  by  issuing  an  order 
requiring  all  persons,  in  said  village,  or  any  part  thereof,  to  be 
vaccinated,  within  such  time'as  they  shall  prescribe,  or  to  conform 
to  such  other  reasonable  sanitary  regulations,  as  they  may  estab- 
lish. All  persons,  refusing  or  neglecting  to  obey  such  order, 
shall  be  liable  to  a  fine  of  not  less  than  three  dollars,  nor  more 
than  fifty  dollars  for  each  oil'ense;  ]>r<»'!if<-d,  that  it  shall  be  the 
duty  of  said  Board  to  provide,  at.  the  expense  of  the  village,  for 
the  vaccination  of  such  persons  us  are  unable  to  pay  for  the  same. 

SEC.  3.     The  said  Board  of  Health  by  and  with  the  consent  of 
the  said  Board  of  Trustees,  may  from   time  to  time  appoint,  and 
at  discretion  remove  from  office,  one  or  more  health  officers,  whose 
dutv  it  shall  be  to  carry  out  all  the  orders  of  the  Board  of  Health, 
the  laws  of  the  State,  and  ordinances  of  the?  village  relating  to  the. 
sanitary  regulations  of  the  village;  to  proceed,  from  time  to  time,  " 
to  make  a  thorough  and  systematic  examination  of  the  village, 
and  cause  all  nuisrfnces  to  be  abated  with  all  reasonable   prompt- 


56 

ness.  For  the  purpose  <>f  carrying  out  tin-  foregoing  requirements, 
such  health  officer  shall  be  permitted  at  all  times,  IVom  the  rising 
to  the  setting  of  the  sun,  to  enter  into  any  house,  store,  stable,  or 
other  building,  and  to  cause  the  floors  to  be  raised,  if  he  shall 
deem  it  necessary,  in  order  to  make  a  thorough  examination  of 
cellars,  vaults,  sinks,  or  drains;  to  enter  upon  all  lots  or  grounds, 
and  to  cause  all  stagnant  waters  to  be  drained  off,  pools,  sinks, 
vaults,  drains,  or  low  grounds  to  be  cleansed,  filled  up,  or  other- 
wise improved;  to  cause  all  privies  to  be  cleansed  and  kept  in 
good  condition;  and  to  cause  all  dead  animals,  or  other  nauseous 
or  unwholesome  things  or  substances,  to  be  buried,  or  removed 
beyond  the  limits  of  the  village. 

SEC.  4.  In  order  to  carry  out  the  provisions  of  the  foregoing- 
section,  it  shall  be  the  duty  of  the  health  officer  to  serve  a  notice 
in  writing  upon  the  owner,  occupant,  or  agent,  of  any  lot,  building, 
or  premises,  in  or  upon  which  any  nuisance  may  be  found,  or 
upon  any  person  who  may.  be  the  owner  or  cause  of  such  nuisance, 
requiring  him  or  them  to  abate  the  same,  in  such  manner  as  said 
officer  may  prescribe,  within  a  reasonable  time  after  such  service; 
provided,  that  it  shall  not  be  necessary,  in  any  case,  for  the  health 
officer  to  specify  in  his  notice  the  manner  in  which  any  nuisance 
shall  be  abated,  unless  he  shall  deem  it  advisable  so  to  do;  and 
such  notice  may  be  served  by  any  officer  of  said  village,  who  may 
be  deputed  or  directed  by  said  health  officer  to  serve  the  same. 
If  such  owner,  occupant,  agent,  or  person,  so  served  with  a  copy 
of  such  notice,  shall  neglect  or  refuse  to  comply  with  the  require- 
ments of  such  notice,  within  the  time  specified  therein,  he  shall 
be  subject  to  a  fine  of  not  less  than  three  dollars,  nor  more  than 
fifty  dollars  for  every  violation;  and  it  shall  be  the  duty  of  said 
health  officer  to  proceed  at  once,  upon  the  expiration  of  the  time 
specified  in  said  notice,  to  cause  such  nuisance  to  be  abated; 
provided,  that  whenever  the  owner,  or  occupant,  of  any  premises, 
or  his  agent,  in  or  upon  which  any  nuisance  may  be  found,  is 
unknown,  or  cannot  be  found,  the  said  health  officer  shall  proceed 
to  abate  the  same  without  notice;  and  in  either  case,  the  expense 
of  such  abatement,  when  made  by  said  health  officer,  shall  be 
collected  from  the  offender  in  such  manner  as  shall  be  provided 
by  ordinance  or  resolution  of  said  Board  of  Trustees. 

SKI  .  5.  It  shall  be  the  duty  of  said  health  officer  to  visit  and 
examine  all  sick  persons,  who  shall  be  reported  to  him  as  taken, 
or  supposed  to  be  taken,  with  small-pox,  cholera,  or  any  infec- 


tious  or  pestilential  disease,  and,  under  the  advice  of  the  Board 
of  Health,  cause  all  such  infected  persons  to  be  removed  to  the 
cholera,  small-pox,  or  other  hospital,  or  to  such  other  safe  and 
proper  place  as  he  may  think  proper,  or  as  he  shall  be  directed 
by  said  Board  of  Health,  and  cause  them  to  be  provided  with 
suitable  nurses,  medical  attendance  and  nourishment,  at  their 
own  expense,  if  they  are  able  to  pay  for  the  same,  but,  if  not, 
then  at  the  expense  of  the  village. 

SEC.  6.  It  shall  also  be  the  duty  of  such  health  officer,  when 
directed  by  the  Board  of  Health,  to  cause  a  notice,  printed  or 
written  in  large  letters,  to  be  placed  upon  or  near  any  house  in 
which  any  person  may  be  affected  or  sick  with  small-pox,  upon 
which  notice  shall  be  written,  or  printed,  the  words,  "  SMALL-POX 
HEKE  ;"  and  if  any  person  or  persons  shall  deface,  alter,  mutilate, 
destroy,  or  tear  down  such  notice,  without  permission  of  the 
Board  of  Health,  or  of  the  health  officer,  such  person  or  persons 
shall  be  liable,  for  each  offense,  to  pay  a  fine  of  not  less  than 
twenty-five  dollars,  nor  more  than  fifty  dollars.  The  occupant  of 
any  house,  upon  which  such  notice  shall  be  placed  or  posted,  as 
aforesaid,  shall  be  held  responsible  for  the  removal  of  the  same, 
and  if  the  same  shall  be  removed  without  permission,  as 
aforesaid,  such  occupant  shall  be  subject  to  a  fine  of  not  less  than 
twenty-five  dollars,  nor  more  than  fifty  dollars,  unless  he  shall 
notify  the  Board  of  Health,  or  health  officer,  within  twenty-four 
hours  after  the  removal  of  such  notice. 

SK<;.  7.  It  shall  be  the  duty  of  the  health  officer  to  see  that  the 
hospital  or  other  place,  to  which  he  shall  cause  sick  or  infected 
people  to  be  removed,  is  supplied  with  suitable  nurses,  furniture, 
fuel,  nourishment,  and  medicines,  under  the  direction  of  the 
Board  of  Health,  and  that  persons  dying  therein  are  decently  ;m<l 
promptly  buried  at  the  expense  of  the  village;  pr<>ciil<  (/,  that  such 
expense  shall  not  be  charged  to  the  village  unless  such  deceased 
persons  have  left  no  means  to  defray  the  expenses  of  their  sick- 
ness and  burial. 

SEC.  8.  Every  physician,  practicing  in  this  village^  who  shall 
have  any  patient  affected  or  sick  with  any  malignant  fever, 
cholera,  small-pox,  or  any  infectious  or  pestilential  disease,  shall 
forthwith  make  report  thereof  in  writing  to  some  member  of  the 
Board  of  Health,  or  to  the  President  of  the  Board  of  Trustees, 
describing  the  locality  of  the  house  or  place  where  said  patient 
may  be,  with  such  certainty  that  the  same  may  be  easily  found. 


58 

Any  physician,  who  shall  withhold  such  information,  or  neglect  or 
refuse  to  comply  with  the  provisions  of  this  section,  shall  be  fined 
in  a  sum  not  less  than  five  dollars,  nor  more  than  fifty  dollars  for 
each  day  he  shall  neglect  or  refuse  so  to  do. 

SEC.  9.  No  person  shall  put  out,  remove,  or  allow  to  lie  put 
out  or  removed,  from  the  premises  or  place  occupied  or  owned  by 
him,  into  any  street,  alley,  or  other  public  place  in  said  village, 
any  person,  having  the  small-pox,  or  any  infectious  or  pestilential 
disease.  Such  owner  or  occupant  shall  immediately  report  such 
case  to  the  health  officer,  or  some  member  of  the  Board  of  Health, 
or  to  the  President  of  the  Board  of  Trustees.  Any  person,  who 
shall  violate  any  provision  of  this  section,  or  neglect  or  refuse 
to  report  as  aforesaid,  shall  be  fined  not  less  than  ten  dollars,  nor 
more  than  two  hundred  dollars,  for  each  offense. 

SEC.  10.  If  any  person,  affected  with  any  contagious  disease, 
small-pox,  cholera,  or  any  infectious  or  pestilential  disease,  shall 
before  complete  recovery  therefrom,  wilfully  go  without  his  pri- 
vate premises,  or  other  place  where  he  may  have  been  kept  during 
such  disease,  into  or  upon  any  of  the  streets  or  public  .places  in 
said  village,  or  in  any  manner  wantonly  or  recklessly  expose  any 
of  the  inhabitants  of  said  village  to  such  contagion  or  disease, 
every  such  person  shall  be  fined  for  each  offense  in  a  sum  not  less 
than  twenty-five  dollars,  nor  more  than  two  hundred  dollars. 

SEC.  11.  The  said  Board  of  Health  shall  make  such  rules  and 
regulations  for  the  government  of  the  quarantine  or  health  of  the 
village,  as  from  time  to  time,  they  shall  deem  necessary,  subject 
however  to  the  approval  of  said  Board  of  Trustees;  and  any 
physician  or  health  officer  in  charge  of  any  quarantine  station,  or 
hospital,  of  said  village,  shall  have  power  to  make  and  enforce 
such  regulations  as  may  be  necessary  for  the  proper  conduct  and 
management  thereof;  and  it  shall  be  the  duty  of  all  persons  in 
quarantine,  or  hospital,  and  of  all  agents,  officers,  or  other  persons 
employed  by  said  village  in  or  about  such  quarantine  or  hospital, 
to  carry  out  and  obey  the  same. 

SEC.  12.  The  Board  of  Trustees  of  said  village,  shall,  when 
necessary,  select,  purchase,  lease,  or  establish  sites,  places  and 
boundaries  for  pest  houses,  hospitals,  and  for  quarantine  stations, 
and  provide,  lease,  purchase  or  erect  thereon,  from  time  to  time, 
such  buildings  as  in  their  judgment  may  be  requisite  and 
necessary,  and  keep  the  same  in  good  repair,  and  fit  for  their 
occupation  by  patients.  The  said  Board  of  Health,  whenever 


59 

they  shall  deem  it  necessary,  may,  by  proclamation,  (the  approval 
of  said  Board  of  Trustees  being  first  obtained)  require  all  vessels, 
railroad  cars,  or  other  public  conveyances,  touching  at  or  passing- 
through  the  village,  before  the  same  shall  land  or  stop  at  any 
wharf,  landing,  depot,  or  stopping  place,  in  said  village,  to  touch 
or  stop  at  some  site,  place,  or  boundary,  so  selected  and  estab- 
lished for  quarantine  or  hospital  purposes,  and  leave  all  such 
emigrants,  travelers,  or  persons  recently  from  sea-board,  and  all 
such  sick,  diseased  or  unclean  persons,  with  their  stores  and 
baggage,  as  in  the  opinion  of  the  officers  stationed  at  such  quar- 
antine sites,  hospitals,  places  or  boundaries  shall  be  deemed 
proper,  on  account  of  the  existence  or  general  report  of  cholera, 
small-pox,  contagious  disease,  or  disease  endangering  the  health 
of  the  inhabitants  of  said  village ;  and  whenever  it  shall  be 
deemed  necessary  to  issue  such  proclamation,  it  shall  be  the  duty 
of  the  Board  of  Health  to  send  the  same,  with  the  substance  of 
the  regulations  of  quarantine  and  the  period  of  time  during  which 
the  same  shall  be  in  force,  to  such  persons  and  places  as  they 
shall  deem  proper.  Said  Board  of  Health  shall  also  cause  to  be 
stationed  at  such  quarantine  sites,  places  or  boundaries,  one  or 
more  health  officers,  or  physicians,  whose  duty  it  shall  be  to  go 
on  board  and  examine  all  cars,  vessels,  or  other  public  convey- 
ances, so  as  aforesaid  required  to  stop  or  touch  at  such  quarantines 
respectively,  and  then  and  there  determine  what  emigrants, 
passengers  or  persons,  if  any,  shall  stop  at  such  quarantine;  and 
it  shall  be  the  duty  of  all  persons  in  charge  of  such  car,  vessel  or 
public  conveyance,  to  aid  any  health  officer  or  physician  of  said 
village,  in  the  exercise  of  the  duties  aforesaid.  The' said  health 
officers  or  physicians  shall  attend  to  all  sick  persons  detained  in 
quarantine  as  aforesaid,  and  provide  medicines  and  necessaries  for 
their  use,  and  shall  have  general  supervision  of  such  quarantines, 
and  may  compel  persons  placed  therein  to  purify  their  bodies, 
clothes  and  baggage,  and  do  all  such  acts  and  things  as  shall  be 
proper  in  the  premises,  keeping  correct  accounts  of  all  necessary 
expenditures  and  services,  which  shall  be  allowed  and  paid  by 
order  of  the  Board  of  Trustees.  And  whenever  the  officer  in 
charge  of  any  such  quarantine  station,  shall  be  satisfied  that  any 
persons  detained  there,  as  aforesaid,  are  free  from  disease,  and 
their  baggage  and  effects  are  properly  purified;  he  shall  discharge 
them. 

SKC.   13.     No   person,  master   or   OOndootOT,  in   charge'  of  any 


60 

vessel,  car,  or  other  public  conveyance,  shall  knowingly  bring 
into  this  village  any  person  diseased  with  cholera,  small-pox,  or 
any  contagious  or  communicable  disease  whatever;  and  no  person, 
stopping  or  detained  in  any  hospital  or  at  any  quarantine  place 
in  said  village,  shall  leave  the  same  without  obtaining  permission 
from  the  officer  in  charge  thereof;  nor  shall  any  person  aid  or 
abet  in  any  violation,  neglect  or  evasion  of  any  provision  or 
requirement  of  this  ordinance;  nor  shall  any  person  interfere  with, 
resist,  neglect,  or  refuse  to  obey  the  orders  of  any  health  officer, 
physician,  or  other  person  in  authority  at  any  hospital  or  quar- 
antine, established  as  aforesaid,  or  do  any  act  in  violation  or  dis- 
obedience of  any  of  the  provisions,  clauses,  or  sections  of  this 
ordinance;  nor  shall  any  person  interfere  with  or  attempt  to  defeat 
any  lawful  regulation  of  said  Board  of  Health,  or  officer  in  charge 
of  any  hospital  or  quarantine.  Any  person,  who  shall  offend  as 
aforesaid,  or  who  shall  in  any  manner  resist  any  officer  or  agent 
of  this  village  in  the  discharge  of  his  duties,  as  contemplated 
in  this  ordinance,  or  attempt  to  defeat  or  interrupt  the  carrying 
into  effect  of  the  provisions  of  this  ordinance,  or  any  lawful  regu- 
lation of  said  Board  of  Health,  shall  in  cases  where  no  other 
penalty  is  prescribed,  be  fined  not  less  than  two  dollars,  nor  more 
than  two  hundred  dollars  for  each  offense. 

SEC.  14.  All  necessary  expenses  incurred  under  this  ordinance, 
or  any  lawful  regulation  of  said  Board  of  Health,  shall  be  audited 
by  the  said  Board  of  Trustees,  and  paid  put  of  the  appropriate 
fund,  or  when  necessary  out  of  the  contingent  fund  of  said  village; 
provided,  that  when  practicable,  all  persons,  taken  into  hospital 
or  quarantine,  and  there  receiving  aid  and  care,  shall  pay  such 
moneys  as  shall  be  sufficient  to  meet  the  expenses,  labor  and 
care,  incurred  on  their  behalf;  which  moneys,  when  received, 
shall  be  faithfully  kept,  accounted  for  and  paid  over  to  the 
treasurer  of  said  village,  on  demand,  by  the  officer  receiving 
the  same. 

SEC.  15.  This  ordinance  shall  take  effect  from  and  after  the 
expiration  of  ten  days  from  its  due  publication. 

Passed  Feb.  5th,  1874. 

Approved  Feb.  5th,  1874. 

C.  J.  GILBERT,  President. 


61 

Street  Labor. 

AN  ORDINANCE 

Concerning  Labor  on  tJie  Streets  in  tlie  Village  of  Evanston. 

SKOTION  1.     Able-bodied  males,  between  twenty-one  and  sixty 

years,  required  to  labor. 
"Z.     Duty  of  street    commissioner,  to  serve  notices. 

3.  Commutation  for  road  labor. 

4.  Notices — how  served — Penalty  for  failing  to  com- 

ply with  notices. 


lie  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  That  every  able-bodied,  male  person,  over  the 
age  of  twenty-one  years,  and  under  the  age  of  sixty  years, 
residing  within  the  limits  of  said  village,  be  and  he  is  here- 
by required  to  labor  on  the  streets  or  public  alleys  of  said 
village,  under  the  direction  of  the  street  commissioner,  three 
days  in  each  year:  Provided,  every  person  subject  to  such 
labor,  may  in  lieu  thereof,  pay  into  the  treasury  of  the  village, 
or  to  the  street  commissioner,  the  sum  of  one  dollar  per  day 
for  each  of  the  three  days'  labor  herein  required;  said  money 
to  be  applied  in  opening  arid  keeping  in  repair  the  streets 
and  alleys  of  said  village. 

SEC.  2.  It  shall  be  the  duty  of  the  street  commissioner  to 
serve  the  usual  notice  on  the  person,  subject  to  the  performance 
of  street  labor,  at  least  two  days  before  such  person  shall  be  liable 
to  appear  and  perform  such  labor,  or  to  pay.  any  sum  of  money 
in  lieu  thereof,  which  notice  shall  be  in  substance  as  follows,  to 
wit: 

"Mr Sir:  you    are    hereby     notified    to   appear   at 

' on  the  . .  day   of A.    D.    18 ....  at  .... 

'  o'clock  . .  M.  and  bring  with    you for    the    pur- 

'  pose  of  laboring  on  the  streets  and  alleys,  as  you  shall  then 
'  and  there  be  directed  by  me,  or  that  you  pay  to  me  or  the 
'  Treasurer  of  the  Village  of  Evanston,  within  two  days  after 
4  the  service  of  this  notice,  the  sum  of  three  dollars  ;  otherwise 
'  you  shall  become  liable  to  pay  to  the  said  village  the  sum  of  four 
'  dollars  without  further  notice,  unless  paid  before  suit  com- 
'  menced  for  the 


SKC.  3.  It  shall  be  the  duty  of  the  street  commisioner,  or 
of  the  Treasurer,  on  the  receipt  of  the  sum  of  three  dollars, 
to  execute  and  deliver  to  the  person  paying  the  same,  a  receipt 
in  writing,  which  shall  operate  as  a  full  and  complete  discharge 
of  the  person,  to  whom  it  is  made,  for  the  amount  of  street 
labor,  the  said  person  shall  be  liable  to  perform  for  the  year  men- 
tioned therein. 

SEC.  4.  It  shall  be  deemed  sufficient  service  of  the  notice, 
mentioned  in  the  preceding  section,  if  the  same,  or  a  copy  there- 
of shall  be  delivered  to  such  person,  or  left  at  the  usual  place 
of  abode  of  such  person,  liable  to  perform  such  street  labor,  with 
some  member  of  his  family,  above  the  age  of  ten  years,  and 
informing  such  member  of  the  contents  thereof,  or  by  leaving  a 
copy  at  his  usual  place  of  business,  with  some  clerk,  agent,  or 
employe  of  the  person  notified.  Every  person,  who  shall,  after 
being  so  notified,  refuse,  or  neglect,  to  appear  and  perform  the 
work  required  of  him  at  the  time  specified  in  the  notice  aforesaid, 
shall  forfeit  and  pay  in  lieu  thereof,  four  dollars,  to  be  recovered 
in  an  action  of  debt,  in  the  name  of  said  village,  unless  he  shall, 
before  suit  be  brought,  pay  to  the  treasurer  or  street  commission- 
er the  sum  of  one  dollar  for  each  day  he  shall  be  so  required  to 
abor. 

Passed  Jan.  20th,  1874. 

Approved  Jan.  20th,  1874. 

CHAS.  J.  GILBERT,  President. 


Street  Names. 

AN  ORDINANCE 

N inning  certain  Street*,  and  changing  the   ninmm  of  certain  Streets'  and 
Alley*,  in  tJie  Village  of  Ecanston. 


lie  it  Ordained  by  the,  President  and  Board  of  Trustees  of  the, 
Village  of  JSvanston: 

SECTION  1.  The  street  running  east  and  west  through  the 
center  of  the  northwest  quarter  of  Section  Eighteen  (18),  Town- 
ship forty-one  (41)  North,  Range  fourteen  (14),  East  of  the  third 
principal  meridian,  and  the  Northwest  quarter  of  section  thirteen 


(13),  Township  forty  one  (41)  north,  Range  thirteen  (lo),  east  of 
the  third  principal  meridian,  so  far  as  included  in  the  village  of 
Evanston,  shall  be  and  is  hereby  named  Emerson  Street. 

SEC.  2.  The  street  running  east  and  west  through  Lyons', 
Gilbert's,  and  Woodford's  Addition  to  Evanston  shall  be  and 
hereby  is  called  Lyons  Street. 

SEC.  3.  The  Street  now  called  College  Avenue,  shall  be  and 
hereby  is  named  Davis  Street.  Also  the  street,  now  called  Grove 
Avenue  shall  be  and  hereby  is  named  Grove  Street.  Also  the 
Street  called  Lake  Avenue,  shall  be  and  hereby  is  named  Lake 
Street.  Also  the  street  now  called  Greenwood  Avenue,  shall  be 
and  hereby  is  named  Greenwood  Street. 

SEC.  4.  That  the  Street,  now  called  Ridge  Street,  shall  be 
and  hereby  is,  named  Ridge  Avenue  ;  that  the  Street,  now  called 
Oak  Street,  shall  be  and  hereby  is  named  Oak  Avenue  ;  that  the 
Street  now  called  Maple  Street  shall  be,  and  hereby  is  named 
Maple  Avenue  ;  and  that  the  Street,  now  known  as  Benson  Street 
shall  be  and  hereby  is  named  Benson  Avenue. 

Passed  Nov.  l!)th,  1872. 

Approved  Nov.  19th,  1874. 

C.  J.  GILBERT,  President. 


Streets. 

AN  ORDINANCE 
Consenting  Streets,  their  Use  awl  Obxl  rin-ti<>ii. 

SECTION  1.  Encumbering  streets  by  building  material. 

2.  Removal  of  encumbrances — Penalty. 

3.  Proceeding  to  remove  same. 

4.  Vehicles  on  streets — Prohibited  when. 

5.  Removing  buildings  without  permit — Penalty. 
(5.  Buildings  on  streets — Penalty. 

7.  No  buildings  on  thoroughfares. 

8.  Removal  of  fence,  etc.,  from  streets. 

0.  Obstructions  declared  nuisances — Removal  of. 

10.  Guarding  exc:iv;itions. 

11.  Rubbish  in  streets- — Penalty. 

12.  Tearing  up  pavements  and  walks — Penalty. 

13.  Injuring  trees,  etc. — Penalty. 

14.  Permits  to  remove  buildings — how  issued. 


64 

fie  it  Ordained  by  the  President  <iiuf  Hoard  of  Trtistees  of  the 
Villa  ye  of  JEvanstou: 

SECTION  1.  Any  person,  who  shall  encumber  or  obstruct,  or 
cause  to  be  encumbered  or  obstructed,  any  street,  alley,  or  other 
public  place  in  said  village,  by  placing  therein  or  thereon  any 
building  materials,  or  any  article  or  thing  whatsoever,  without 
having  first  obtained  written  permission  from  the  President  of 
the  Board  of  Trustees,  or  said  Board,  shall  be  subject  to  a  pen- 
alty of  not  less  than  five  dollars  nor  more  than  fifty  dollars,  for  each 
offense,  and  a  further  penalty  of  ten  dollars  for  each  day,  or  part 
of  a  day,  such  encumbrance  or  obstruction  shall  continue. 

SEC.  2.  The  street  commissioner,  President  of  the  Board  of 
Trustees,  village  constable,  and  each  of  them,  is  hereby  author- 
ized to  order  any  article,  or  thing  whatsoever,  which  may  encum- 
ber or  obstruct  any  street,  alley,  or  other  public  place,  within  said 
village,  to  be  removed;  and  if  such  article  or  thing  shall  not  be 
removed  within  six  hours  after  notice  to  the  owner  or  person  in 
charge  thereof  to  remove  the  same,  or  if  the  owner  cannot  be 
readily  found  for  the  purpose  of  such  notice,  to  cause  the  same 
to  be  removed  to  some  suitable  place,  to  be  designated  by  the 
street  commissioner,  said  President,  or  said  Board;  and  the 
owner  of  any  article  so  removed  shall  forfeit  a  penalty  of  ten 
dollars,  in  addition  to  the  cost  of  such  removal. 

SEC.  3.  Any  article  or  thing  which  may  be  removed,  in  accord- 
ance with  the  preceding  section,  shall  be  advertised  ten  days  and 
sold  by  the  street  commissioner  or  village  constable,  unless  the 
same  shall  be  sooner  reclaimed,  and  the  penalty  and  costs  paid 
by  the  owner  or  owners  thereof.  The  proceeds  of  such  sale 
shall  be  paid  into  the  village  treasury,  and  the  balance,  if  any, 
after  deducting  the  penalty  and  costs,  shall  be  paid  to  any  per- 
son, or  persons,  furnishing  satisfactory  proof  of  ownership. 

SEC.  4.  No  wagon,  sleigh,  sled,  carriage,  railway  carriage,  or 
vehicle  of  any  kind  or  description,  or  any  part  of  the  same,  with- 
out horses  or  other  beasts  of  burden,  shall  be  permitted  to  remain 
or  stand  in  any  improved  street  of  this  village  for  more  than  one 
hour,  except  for  the  purpose  of  being  repaired,  and  then  only  in 
front  of  the  premises  of  the  person  so  repairing  and  within  ten 
feet  of  the  curbing,  under  a  penalty  of  not  less  than  one  dollar 
nor  more  than  twenty-five  dollars;  and  any  such  wagon,  sled, 
sleigh,  carriage,  railway  car,  or  vehicle,  or  any  part  of  the  same, 


65 

may  be  removed  by  the  street  commissioner,  village  constable, 
or  President  of  the  Board  of  Trustees,  as  provided  in  section 
two  of  this  ordinance. 

SEC.  5.  If  any  person  shall  remove  or  cause  to  be  removed, 
or  aid  and  assist  in  removing,  any  building  into,  along  or  across 
any  street,  alley,  or  public  ground,  in  this  village,  without  first 
obtaining  written  permission  from  the  President  and  Board  of 
Trustees  of  said  village,  or  from  said  President,  and  conforming 
to  such  rules,  regulations,  requirements,  restrictions,  and  condi- 
tions, as  they,  or  he,  may  prescribe,  such  person  shall  be  subject 
to  a  penalty  of  twenty-five  dollars,  to  be  recovered  from  the 
owner  of  the  building,  or  any  person  aiding  or  directing  in  its 
removal,  and  a  like  penalty  for  every  twenty-four  hours  the 
same  shall  remain  in  or  upon  any  street,  alley,  or  public  ground. 

SEC.  G.  The  owner  of  any  building,  or  the  contractor  for  its 
removal,  either  or  both,  who  shall  suffer  the  same  to  be  or  remain 
in  any  of  the  streets,  or  alleys,  or  upon  any  of  the  public  grounds, 
of  this  village,  for  any  time  longer  than  may  be  specified  in  the 
permission  of  the  Board  of  Trustees  of  said  village,  or  the  Pres- 
ident thereof,  shall  forfeit  a  penalty  of  ten  dollars  and  a  like 
penalty  for  every  twenty-four  hours  the  same  shall  be  continued, 
and  such  building  shall  be  deemed  a  nuisance,  and  be  proceeded 
against  as  provided  in  section  nine  of  this  ordinance. 

SEC.  7.  No  person  shall  erect  or  place  any  building,  in  whole 
or  in  part,  upon  any  street,  alley,  sidewalk,  or  public  ground 
within  this  village,  under  a  penalty  of  fifty  dollars. 

SEC.  8.  The  owner  of  any  building,  fence,  porch,  steps,  gal- 
lery, or  other  obstruction,  now  standing,  or  which  may  hereafter 
be  erected,  or  placed  upon  any  street,  alley,  or  sidewalk,  or  pub- 
lic ground,  within  this  village,  or  which  may  be  left  standing  upon 
any  new  street  that  has  been  or  may  hereafter  be  opened,  shall 
remove  the  same  within  such  reasonable  time,  not  exceeding 
thirty  days  and  not  less  than  three  days,  as  he  shall  be  required 
so  to  do  by  a  notice,  signed  by  the  street  commissioner,  or  the 
President  of  the  Board  of  Trustees,  under  a  penalty  of  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars,  and 
a  further  penalty  of  fifty  dollars  for  every  ten  days  the  same 
shall  so  remain. 

SEC.  9.  Whenever  the  owner  of  any  building,  fence,  or  other 
obstruction,  upon  any  street,  alley,  sidewalk,  or  public  ground, 
in  this  village,  shall  refuse  or  neglect  to  remove  the  same,  after 


66 

notice  as  prescribed  in  the  preceding  section,  or  without  notice 
if  the  owner  cannot  he  readily  found  for  the  purpose  of  such 
notice,  the  same  shall  be  deemed  a  nuisance,  and  it  shall  be  law- 
ful for  the  street  commissioner  of  said  village,  or  the  President 
of  the  Board  of  Trustees,  and  it  is  hereby  made  his  duty  to  cause 
the  same  to  be  removed  or  taken  down,  in  his  discretion,  and  the 
expense  thereof  shall  be  recoverable  of  the  owner  in  an  action 
of  assunipsit;  and  every  person  who  shall  oppose  or  resist  the 
execution  of  the  order  of  the  street  commissioner,  or  said  Pres- 
ident, in  the  premises,  shall  forfeit  a  penalty  of  one  hundred 
dollars. 

SEC.  10.  When  any  part  of  any  street,  alley,  sidewalk  or  other 
public  place  in  the  village  of  Evanston  shall  be  torn,  dug  or  tak- 
en up  for  any  purpose,  the  person,  persons  or  corporation,  so 
tearing,  digging  or  taking  up  any  earth,  paving,  planking,  grav- 
eling or  macadamizing,  shall,  immediately  upon  the  completion 
of  such  purpose,  and  as  fast  as  practicable  during  the  accomp- 
lishment thereof,  return  the  earth,  ram  and  pack  down  the  same 
as  fast  as  returned,  to  a  firm  and  solid  bearing,  and  in  a  manner, 
if  possible,  that  will  entirely  prevent  any  settling  of  such  earth, 
and  shall  also  relay  all  paving,  planking,  gravelling  and  macada- 
mizing in  a  skillful  and  permanent  manner,  and  in  every  case  to 
the  satisfaction  of  the  street  commissioner  of  said  village,  under 
a  penalty,  for  any  neglect  or  refusal  so  to  do,  of  not  less  than 
five  dollars  nor  more  than  two  hundred  dollars. 

SEC.  11.  No  person  shall  place  any  straw,  dirt,  chips,  shells, 
ashes,  swill  or  other  rubbish,  though  not  offensive  to  health,  in 
any  street  or  alley  in  this  village,  (except  that  ashes  may  be 
placed  in  the  middle  of  the  carriage  way  of  streets  not  improved, 
if  leveled  off  so  as  not  to  obstruct  the  street,)  under  a  penalty 
of  five  dollars  for  each  offense,  and  a  like  penalty  for  every  day 
the  same  shall  be  suffered  to  remain  after  notice  given  by  any  of- 
ficer or  agent  of  the  village  to  remove  the  same. 

SEC.  12.  No  person  shall  injure  or  tear  up  any  pavement, 
side  or  crosswalk,  or  any  part  thereof,  dig  any  hole,  ditch  or  drain 
in,  or  dig  or  remove  any  sod,  stone,  earth,  sand  or  gravel  from 
any  street,'  alley  or  public  ground  in  the  village  of  Evanston, 
without  having  first  obtained,  from  the  President  of  the  Board  of 
Trustees  written  permission  so  to  do  ;  or  hinder  or  obstruct  the 
making  or  repairng  any  public  improvement  or  work,  ordered  by 
the  Board  of  Trustees  of  said  Village,  or  being  done  under  law- 


ful  authority  for  the  village  of  Evanston,  under  a  penalty,  for 
each  offense,  of  not  less  than  ten  dollars  nor  more  than  one  hun- 
dred dollars. 

SEC.  13.  No  person  shall  fasten  any  animal  to  or  injure  any 
fence,  railing,  ornamental  or  shade  tree  or  shrub,  in  or  upon  any 
public  ground,  street,  alley  or  other  public  place  in  this  village, 
under  a  penalty  of  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars. 

SEC.  14.  The  clerk  of  said  village  shall  issue  permits  for  the 
removal  of  buildings  in  pursuance  of  the  order  of  the  Board  of 
Trustees  or  said  President  therefor,  and  upon  the  terms  and  con- 
ditions therein  specified  ;  the  said  Board,  or  President,  to  speci- 
fy in  granting  such  order  upon  what  terms  and  conditions  the 
same  is  granted,  requiring  in  all  cases  such  conditions  and  re- 
strictions, as  they  or  he  may  deem  proper  and  just  to  impose  for 
the  interest  and  protection  of  the  village  in  the  premises. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  13th,  1874. 

C.  J.  GILBERT,  President. 


Subdivision  and  Platting  of  Lands. 

AN  ORDINANCE 
Regulating  Subdivisions  and  Platting  of  La,nds  in  the  Village  of  Ewmxton. 

SECTION  1.     Plats  to  be  submitted  to  Board  of  Trustees. 

2.  Not  entitled  to  be  recorded  until  approved. 

3.  Copy  of  ordinance  to  be  filed  with  recorder. 


Be  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  That  any  person,  or  persons,  hereafter  subdividing 
lands,  blocks,  lots,  or  sub-lots,  or  any  part  thereof,  shall  make  a 
map  or  plat  of  such  subdivision,  and  submit  the  same  to  the 
President  and  Board  of  Trustees  of  said  village  of  Evanston  for 
their  approval,  before  recording  the  same  in  the  Recorder's 
office  of  Cook  County,  as  provided  by  law. 

SEC.  3.  When  any  such  map  or  plat  is  submitted  to  the  Pres- 
ident and  Board  of  Trustees,  they  shall  thereupon  proceed  to 


examine  the  same,  and  either  approve  or  reject  the  same  ;  and 
upon  approval  thereof,  shall  cause  the  village  clerk  to  duly  certi- 
fy to  the  approval  thereof  under  the  coporate  seal  of  said  village; 
and  until  the  same  is  so  approved  and  certified,  the  said  map  or 
plat  shall  not  be  entitled  to  record  and  shall  have  no  validity 
whatever. 

SEC.  3.  That  the  clerk  of  the  village  shall  prepare  and  file  a 
certified  copy  of  this  ordinance  with  the  recorder  of  deeds  for 
the  County  of  Cook. 

Passed  Feb.  4th,  1874. 

Approved  Pel).  4th,  1874. 

C.  J.  GILBERT,  President. 


Vending  of  Liquors. 

AN  ORDINANCE 
In  Relation  to  the  Vending  of  Liquors. 

SECTION  1.     Penalty  for  selling  or  giving  away  liquors. 

2.  Penalty  for   keeping   open    bar  or   place   where 

liquors  are  sold. 

3.  Provisions  do  not  apply  to  druggists  or  apoth- 

ecaries. 


lie  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  JZvanston: 

SECTION  1.  Any  person,  who  shall,  as  principal,  agent,  clerk, 
servant,  or  otherwise,  within  the  corporate  limits  of  said  village, 
sell,  barter,  exchange,  or  give  away  with  a  view  to  evade  any 
of  the  penalties  of  this  ordinance,  any  ale,  porter,  lager  beer, 
kimmel,  wine,  rum,  brandy,  gin,  whisky,  schnapps,  or  other 
spirituous,  vinous,  malt,  fermented,  mixed,  or  intoxicating  liquors, 
or  any  mixture  part  of  which  is  any  of  said  liquors,  in  less  quan- 
tity than  four  gallons  at  any  one  time,  except  as  hereinafter 
provided ;  or  who  shall,  as  such  principal,  clerk,  agent,  servant, 
or  otherwise,  within  said  limits,  upon  the  sale,  barter,  or  exchange 
of  any  chattels,  wares,  property,  choses  in  action,  or  upon  any 
promise,  or  agreement,  express  or  implied,  except  as  hereinafter 
provided,  deliver  or  furnish,  or  cause  to  be  delivered  or  furnished, 


69 

or  knowingly  suffer  to  bo  taken  or  received,  any  of  the  liquors 
above  mentioned,  or  any  mixture  part  of  which  is  any  of  said 
liquors,  in  less  quantity  than  four  gallons  at  one  time,  shall  forfeit 
and  pay  to  said  village,  on  conviction,  a  penalty  of  not  less  than 
five  dollars,  nor  more  than  fifty  dollars  for  each  offense. 

SEC.  2.  If  any  person  shall,  as  principal,  agent,  clerk,  or 
servant,  within  the  limits  of  said  village,  keep  open  any  bar,  or 
place,  where  beer,  ale,  porter,  kimmel,  rum,  gin,  whisky,  brandy, 
schnapps,  or  any  other  vinous,  malt,  spirituous,  fermented,  mixed 
or  intoxicating  liquors,  or  any  mixture  part  of  which  is  any  of 
said  liquors,  are  or  may  be  kept  for  sale,  exchange,  barter,  or 
traffic,  or  shall  within  said  limits,  suffer  any  other  person  or 
persons  to  drink  any  of  said  liquors  in  any  such  bar  or  place, 
occupied  by  him  or  her,  such  person,  whether  principal,  agent, 
clerk,  or  servant,  shall  be  adjudged  guilty  of  a  nuisance,  and  on 
conviction  be  fined  not  less  than  five  dollars,  nor  more  than  fifty 
dollars  for  each  offense. 

SEC.  3.  The  provisions  of  this  ordinance  shall  not  apply  to  the 
sale  or  giving  away  of  any  of  the  liquors  aforesaid,  by  any 
established  apothecary  or  druggist  in  said  village,  his  agent, 
clerks,  or  servants,  for  purposes  strictly  of  a  chemical,  medicinal, 
or  sacramental  character,  provided  the  same  are  sold  in  good 
faith,  and  with  no  intent  to  evade  this  ordinance. 

SEC.  4.  This  ordinance  shall  take  effect  from  and  after  its 
due  publication. 

Passed  Feb.  5th,  1874. 

Approved  Feb.  5th,  1874. 

C.  J.  GILBERT,  President. 


Water  and  Gas  Pipes. 

AN  ORDINANCE 

///   lii'liitiim   tn  the  I'xi  of  Stn't'-tsand  Allri/x  in    ///<•    \'ill<nj<'  of  Kri 
hi/  Water  aiul  G<ix  (Jo/t, /><;>, /,•<<,  >i/til  ot/u-rx,  uml  tin'  L<u/in<i 

<>f   J'lJH'H   ill    thl'  Mint'. 

SECTION  1.  How  gas  pipes  must  be  laid. 

2.  How  water  mains  must  be  laid. 

3.  Excavations  must  be  filled — how. 

4.  Excavations  must  be  guarded. 


70 


5.  Excavations  in  carriage  ways  regulated. 

6.  Companies  must  keep  map  of  pipes. 

7.  Penalty  for  violation. 


lie  it  Ordained  by  the  President  <uul  Board  of  Trustees  of  the 
Village  of  Evanston : 

SECTION  1.  That  hereafter  any  gas  company,  t>r  companies, 
putting  in  pipes,  shall  be  required  to  lay  their  street  mains  at  a 
distance  of  not  less  than  ten  feet  from  the  center  of  the  streets, 
in  said  village,  and  on  the  south  and  west,  or  southerly  or 
westerly  sides  of  said  streets,  unless  otherwise  specially  ordered 
by  resolution  of  the  Board  of  Trustees. 

SEC.  2.  That  the  mains  of  the  Evanston  water  pipes  shall  be 
laid  at  a  distance  of  not  less  than  ten  feet  from  the  center  of  the 
streets,  in  said  village,  and  they  shall  be  laid  on  the  north  and  east, 
or  northerly  and  easterly  sides  of  said  streets. 

SEC.  3.  Every  gas  company,  water  company,  corporation,  or 
person,  that  shall  make  any  excavation  in  any  street  or  alley,  in 
said  village,  for  the  purpose  of  putting  down  pipes,  or  for  any 
other  purpose,  shall  immediately  till  up,  ram,  pack  down,  and 
level  the  same,  and  restore  such  street  or  alley  to  a  condition  as 
good  as  before  such  excavation  was  made;  and  whenever  the 
tilling  of  such  excavation  shall  settle  or  sink  down,  such  corpora- 
tion, or  person,  shall  restore  and  refill  the  same  from  time  to  time. 

SEC.  4.  In  case  any  company,  corporation,  or  person,  shall 
leave  any  hole  or  excavation,  in  any  street,  or  alley,  in  said  vil- 
lage, open  during  the  night,  such  company,  corporation,  or  per- 
son, shall  securely  enclose  the  same,  and  put  a  light  by  the  same 
in  such  way  as  to  warn  all  persons  of  danger. 

SEC.  5.  No  such  company,  corporation,  or  person,  shall  make 
any  excavation,  for  the  purpose  of  laying  down  pipes,  in  the 
carriage  way,  or  any  traveled  portion  of  any  street,  in  said  vil- 
lage, other  than  as  herein  before  provided,  except  for  necessary 
crossings. 

SEC.  0.  Every  gas  and  water  company,  that  has  heretofore  laid 
or  shall  hereafter  lay  down  pipes  in  any  street,  or  alley,  in  said 
village,  shall  make  and  keep  an  accurate  map,  showing  the  exact 
location  and  depth  of  every  line  of  pipe  laid  by  them,  which 
map  shall  at  all  times  be  accessible  for  public  inspection. 


71 

SEC.  7.  Every  snob  company,  corporation,  or  person,  for  each 
and  every  violation  of  the  provisions  of  this  ordinance,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  one  hundred  dollars. 

Passed  Jan.  13,  1874. 

Approved  Jan.  13,  1874. 

C.  J.  GILBERT,  President. 


Weights  and  Measures. 

AN  ORDINANCE 

Iteyulatiiuj  Weights  and  Measxnx 

SECTION   1.     Standard  of  weights  and  measures. 

2.  Board  of  Trustees  to  procure  standards. 

3.  Sealer  to   test  every  six  months ;    stamp  correct 

ones  and  condemn  incorrect  ones. 

4.  Penalty  for  using  condemned  weights  and  meas- 

ures. 

Fees  of  sealer  regulated. 

Alteration  of  weights,  measures  and  scales — Pen- 
alty. 


Be  it  Ordained  by  the  President  and  Board  of  Trustees  of  the 
Village  of  JSvanaton  : 

SECTION  1.  That  there  shall  be  a  regulation  of  weights  and 
measures  in  said  village,  and  the  standard,  adopted  by  the  State 
of  Illinois,  shall  be  the  test  by  which  they  shall  be  compared  and 
determined. 

SEC.  2.  That  the  President  and  the  Board  of  Trustees  of  said 
village,  shall  procure  correct  and  improved  standards,  with  their 
necessary  subdivisions,  together  with  the  proper  beams  and  scales, 
for  the  purpose  of  testing  and  proving  by  said  standards  the 
weights  and  measures  used  in  the  village. 

SEC.  3.  It  shall  be  the  duty  of  the  sealer  of  weights  and 
measures  at  least  once  in  every  six  months,  to  examine  and  test 
the  accuracy  of  all  weights,  measures,  scales,  <»r  other  instruments 
or  things,  used  by  any  person  for  weighing  or  measuring  any  ar- 
ticle for  sale  in  said  village  ;  to  stump  with  a  suitable  seal  all 
weights,  measures  and  scales,  so  used,  which  he  may  find  correct, 


72 

and  deliver  to  the  owner  thereof  ;i  rertifiejite  of  their  accuracy; 
to  condemn  all  weights,  measures  and  scales  which  he  may  mid 
incorrect  on  such  inspection,  and  to  cause  the  owner  thereof  to 
have  them  immediately  corrected  and  made  conformable  to  said 
standard.  Any  person  refusing  to  exhibit  any  weights,  measures, 
scales,  or  instruments  for  weighing  or  measuring  to  said  officer 
for  the  purpose  of  examination  or  inspection  as  aforesaid,  or  ob- 
structing him  in  the  performance  of  his  duty,  shall  forfeit  and 
pay  not  less  than  three  dollars  nor  more  than  twenty  dollars  for 
every  such  offense. 

SEC.  4.  It  shall  not  be  lawful  for  any  person  in  said  village  to 
use,  for  the  purpose  of  selling  or  buying  any  article  in  said  village, 
any  scales,  weight,  measure,  or  other  instrument  whatever,  which 
has  been  condemned  by  said  officer,  until  the  same  has  been  re- 
paired, and  approved  by  him  ;  and  no  person  shall  make  use  of 
any  weight,  scale,  measure,  or  other  instrument  for  weighing  or 
measuring  any  article  for  sale  in  said  village,  until  the  same  has 
been  duly  examined  and  sealed  by  said  officer.  Any  person,  vio- 
lating the  provisions  of  this  section,  shall  forfeit  and  pay  a  sum 
of  not  less  than  five  dollars  nor  more  than  fifty  dollars  for  every 
such  offense. 

SEC.  5.  The  said  officer  shall  receive  from  the  owner  or  own- 
ers of  any  articles,  so  tested  and  sealed,  the  sum  of  one  dollar 
for  each  and  every  certificate  of  such  inspection,,  as  fees  for  his 
services,  but  it  shall  not  be  lawful  for  said  officer  to  make  such 
charge  for  testing  and  sealing  weights,  measures  and  scales,  as 
aforesaid,  oftener  than  twice  in  each  year,  unless  the  same  shall 
at  any  time  be  found  not  conformable  to  the  standard  of  the 
State.  Provided  that  with  each  seal  sealed  by  the  officer,  he  shall 
inspect  and  seal  one  set  of  weights,  without  any  additional  charge 
or  compensation.  And  provided,  also,  that  in  every  case,  in 
which  he  may,  at  the  request  of  the  owner,  employ  labor  or  ma- 
terial in  making  any  scale,  weight  or  measure  accurate,  he  shall 
be  entitled  to  a  just  compensation  therefor. 

SEC.  6.  Any  person,  who  shall  alter  any  weight,  measure,  or 
scale,  after  the  same  has  been  sealed  as  provided  in  this  ordi- 
nance, and  cause  the  same  to  weigh  or  measure  incorrectly,  ex- 
cept for  repair,  shall  on  conviction,  be  fined  in  a  sum  not  less  than 
one  dollar  nor  more  than  two  hundred  dollars  for  each  offense. 

Passed  Jan.  13th,  1874. 

Approved  Jan.  IStli,  1874.          C.  J.  GILBERT,  President. 


MISCELLANEOUS. 


Horse  Railway, 

AN  ORDINANCE 

to  K  Horse  Knilwiy  on  ^/i/'nuiin  /!/•<•.,  .Wtibm'ii  uii.rt  C'/nnrJt 


lie  it  Ordtu'netl  l>y  tUe   President  mul  fitmril  of  Trustee*  of  the,  Vill<t(/e  of 


SECTION.!.  That,  by  virtue  of  the  powers  in  said  Board  of  Trustees 
vested,  the  consent,  permission  and  authority  of  said  Board  are  hereby 
in-anted  to  Isaac  R.  llitt,  Merrill  Ladd,  George  M.  Huntoon  and  Simeon  V. 
Kline,  and  such  other  persons  as  may  hereafter  become  associated  with 
them,  and  to  their  executors,  administrators  or  assigns,  to  lay  a  single  or 
double  track  for  a  horse  railway,  with  all  necessary  and  convenient  tracks 
for  turn-outs,  side  tracks  and  switches,  in  and  along  the  course  of  the  cer- 
tain streets  in  said  village  of  Evanston  hereinafter  mentioned  ;  and  the 
same  to  keep,  maintain  and  use,  and  to  operate  thereon  horse  railway  cars 
and  carriages,  for  the  period  of  twenty  years  from  .the  passage  of  this 
ordinance,  in  the  manner,  and  upon  the  conditions  and  provisions  herein- 
after expressed. 

SEC.  2.  That  said  persons  named  in  section  one,  are  hereby  authorized 
to  lay  a  single  or  double  track,  for  such  horse  railway,  in  and  along  the 
course  of  the  following  streets  of  said  village  :  Commencing  on  the  north 
line  of  the  corporate  limits  of  said  village,  within  six  hundred  feet  of  the 
Ridge  road,  and  on  the  west  side  of  said  road,  in  any  street  that  may  here- 
after be  there  laid  out  ;  thence  in  a  southerly  direction  in  and  along  any 
street  that  may  be  laid  oui  to  intersect  said  Ridge  road  and  across  said 
Ridge  road  to  the  intersection  of  said  Ridge  road  and  Center  street;  thence 
along  Center  street  to  a  point  where  Sherman  avenue,  when  extended,  will 
intersect  said  (-enter  street,  thence  south  on  such  extension  of  Sherman 
avenue,  across  Grecnleaf  avenue,  and  thence  south  in  and  along  said  Sher- 
man avenue  to  the  south  line  of  the  Village  of  Evanston.  Also  in  and 
along  Mil  burn  street  from  Lake  Michigan  to  intersect  the  track  on  Sherman 
avenue,  also  in  and  along  Church  sired,  from  the  Chicago  and  Northwest- 
ern railroad,  to  intersect  the  track  on  Sherman  avenue. 

SKC.  •}.  If  the  said  parties,  their  associates,  successors  and  assigns,  shall 
hereafter  become  incorporated,  the  rights  and  privileges  granted  by  this 
ordinance,  shall  extend  to  such  corporation  in  like  manner  and  subject  to 
the  conditions  of  this  ordinance,  and  when  such  incorporation  shall  have 
been  obtained,  such  corporation  shall  have  all  the  rights  and  privileges 
hereby  granted,  as  the  successors  of  said  parlies,  without  further  action  of 
said  Trustees. 

SKC.  4.     The.  said  horse  railway  on  Sherman  avenue,  from  Milliiirn  street 


74 

to  Davis  street  shall  be  completed  and  the  cars  running  thereon  for  the 
carriage  of  passengers  within  nine  months  after  the  passage  of  this  ordi- 
nance. The  said  railways  on  Church  street,  Milburn  street,  and  all  tlie 
other  streets,  avenues,  or  parts  thereof  embraced  in  this  ordinance,  in  so 
far  as  the  same  are  opened  or  extended,  shall  be  fully  completed  within  two 
years  after  the  passage  of  this  ordinance.  If  any  part  of  said  streets  shall 
remain  unopened  or  not  extended  for  a  longer  period  than  said  two  years, 
the  completion  of  the  tracks  on  such  part  shall  be  made  within  six  months 
after  the  date  of  such  opening  or  extension.  The  construction  of  said  rail- 
way shall  be  begun  within  six  months  after  the  passage  of  this  ordinance. 
It  is  provided,  however,  that  if  said  parties,  their  legal  representatives, 
successors  or  assigns  are  necessarily  delayed,  or  prevented  from  complying 
with  this  section,  without  their  fault  or  connivance,  by  the  order  or  injunc- 
tion of  a  court  of  competent  jurisdiction,  the  time  of  such  delay  shall  be 
excluded  from  the  time  or  times  above  prescribed,  and  the  same  time  in 
addition  to  said  prescii bed  periods  shall  be  allowed  for  the  construction 
and  completion  of  said  railway  as  that  occasioned  by  such  delay. 

SEC.  5.  The  cars  to  be  used  upon  said  tracks  shall  be  operated  with 
animal  power  only  ;  and  said  railways  shall  not  connect  with  any  other 
railroad  on  which  other  power  is  employed,  and  no  railway  car  or  carriage 
used  upon  any  railroad  in  this  State  using  steam  power  shall  be  run  or 
passed  upon  said  tracks. 

SEC.  6.  The  said  tracks  shall  be  used  for  the  transportation  of  passengers 
and  their  ordinary  baggage,  for  local  freight  and  supplies  during  the  first 
five  years  of  the  grant,  and  for  no  other  purpose  except  such  at  may  be 
permitted  by  said  Board  of  Trustees.  The  said  Board  of  Trustees  shall 
have  power  at  all  times  to  make  such  regulations  as  to  the  rate  of  speed  and 
time  of  running  said  cars  or  carriages  as  the  public  safety  and  convenience 
may  require.  Provided  that  said  cars  and  carriages  shall  not  be  required 
to  run  except  in  connection  with  trains  as  provided  in  section  nine  of  this 
ordinance,  oftener  than  once  in  two  hours  dm  ing  the  first  year,  and  once  in 
every  hour  during  the  second"  year  after  the  said  railroad  shall  go  into 
operation. 

SEC.  7.  The  tracks  of  said  railways  shall  not  be  elevated  above  the  sur- 
face of  the  street,  shall  conform  in  kind,  quality,  and  material  with  the 
provisions  of  the  general  ordinance  of  said  village  concerning  horse  rail- 
roads, and  shall  be  so  laid  that  carriages  and  other  vehicles  can  easily  and 
freely  cross  said  tracks,  at  any  and  at  all  points,  and  in  any  and  all  direc- 
tions, without  obstruction.  Whenever  two  tracks  shall  be  constructed  on 
the  same  street,  they  shall  be  laid  parallel,  as  far  as  practicable. 

SEC.  8.  The  rate  of  fare  for  any  distance  within  the  present  limits  of 
said  Village  of  Evanston  shall  not  exceed  six  cents,  except  when  cars  or 
carriages  may  be  charted  for  special  purposes. 

SEC.  9.  The  cars  or  carriages  for  passengers  used  upon  said  railways 
shall  be  run  so  as  to  furnish  convenient  connections  with  every  passengers 
train  of  the  Chicago  &  Northwestern  Railroad  Company  arriving  or 
departing  in  the  day  time  at  or  from  any  depot  of  said  company  in  said 
village. 

SEC.  10.  The  said  parties  named  in  section  one,  their  legal  representa- 
tives, successors  or  assigns,  shall,  at  their  own  expense,  as  respects  grading, 
macadamizing,  improving,  filling  or  planking,  keep  eight  feet  in  width 
along  the  line  of  said  railways,  on  all  streets  whereon  one  track  is  constructed, 
and  sixteen  feet  in  widt  h  along  such  line  on  all  streets  where  two  tracks  are  con- 
structed, in  good  repair  and  condition  during  the  period  of  time  to  which 
the  privileges  granted  in  this  ordinance  shall  extend,  so  that  wagons,  car- 
riages and  other  vehicles  can  cross  and  re-cross  at  any  and  all  points,  and 
in  any  and  all  directions.  When  any  new  improvement,  grading,  macad- 
amizing, re-macadamizing,  graveling,  re-graveling,  filling,  re-filling, 
planking,  or  re-planking,  or  otherwise,  shall  06  ordered  by  said  Board  of 
Trustees  in  any  of  said  streets,  or  parts  of  said  streets,  the  said  parties,  their 


75 

legal  representatives,  successors  or  assigns,  shall  in  the  same  iiianuer,  and 
with  like  material  as  that  required  of  the  owners  of  property  by  said  Board 
in  other  parts  of  said  streets,  make  such  new  improvements  on  eight  feet  as 
aforesaid  where  a  single  track  is  used,  and  on  sixteen  feet,  as  aforesaid, 
where  a  double  track  is  used ;  and  in  case  of  their  refusal,  failure  or  neglect 
to  make  such  new  improvements  within  the  reasonable  time  required  by 
said  Board  of  Trustees,  the  work  may  be  done  by  said  village,  and  the  cost 
assessed  on  said  parties,  owning  or  operating  said  railway,  and  collected 
as  other  assessments,  from  any  real  or  personal  property  of  such  parties. 
If  the  said  Board  of  Trustees  shall  deem  it  inexpedient  that  such  new 
improvement  should  be  so  made  by  said  parties,  then  the  same  shall  be 
done  by  said  village,  as  in  other  cases,  and  the  cost  thereof  assessed  and  col- 
lected of  said  parties,  as  in  other  cases  ;  and  if  said  parties  shall  refuse  or 
neglect  to  make  any  necessary  repairs,  as  aforesaid,  after  twenty  days' 
notice  from  the  said  Board,  the  said  village  may  make  the  repairs  and 
collect  the  cost  thereof  by  suit  at  law,  in  any  court  of  competent  jurisdic- 
tion, from  said  parties,  their  legal  representatives,  successors  or  assigns. 

SEC.  11.  The  said  parties,  their  legal  representatives,  successors  or 
assigns,  owning  or  operating  said  railways  or  any  part  thereof,  shall  be 
liable  for  all  legal  consequential  damages  which 'may  be  sustained  by  any 
person  by  reason  of  the  carelessness,  negligence,  or  misconduct  of  any  of 
the  agents  or  servants  of  them  in  the  course  of  their  employment  in  the 
construction  or  use  of  said  railways,  or  any  part  thereof. 

SEC.  12.  All  rights  heretofore  vested  in  said  Board  of  Trustees,  or  their 
grantees,  to  use  any  of  said  streets,  or  parts  thereof,  for  water-mains,  pipes, 
gas-pipes,  drains  and  sewers,  and  to  regulate  such  use,  are  not  to  be  impaired 
or  affected  by  anything  in  this  ordinance  contained,  but  the  rights  and 
privileges  hereby  granted  shall  be  subject  thereto,  and  to  the  provisions  of 
the  general  ordinance  of  said  village  concerning  "  Horse  Railroads." 

SEC.  13.  If  the  said  parties,  their  successors  or  assigns,  shall  fail  to 
complete  any  of  the  aforesaid  railways,  mentioned  in  section  two  aforesaid, 
at  the  time  or  times  provided  and  according  to  the  condition  prescribed  in 
the  fourth  section  of  this  ordinance,  or  shall  willfully  refuse  after  reasonable 
notice  from  said  Board  of  Trustees,  to  conform  to  all  the  other  terms  and 
conditions  of  this  ordinence,  and  the  terms  and  provisions  of  the  general 
ordinance  of  said  village  concerning  horse  railroads,  and  continue  such 
refusal  or  neglect  to  comply  for  a  period  of  thirty  days  after  such  notice, 
then  the  rights  and  privileges  granted  by  this  ordinance  shall  cease  and  be 
forfeited  to  said  Village  of  Evanston  ;  provided,  however,  that  said  Board 
of  Trustees  may  grant  to  said  parties,  their  successors  or  assigns,  an  exten- 
sion of  such  time,  or  for  good  cause,  by  order  or  resolution,  waive  such 
forfeiture  by  any  such  non-compliance. 

SEC.  14.  The  said  Isaac  R.  Hilt,  George  M.  Iluntoon,  Merrill  Ladd,  and 
Simeon  V.  Kline,  shall  enter  into  a  bond,  payable  to  said  Village  of  Evans- 
ton,  in  the  penal  sum  of  ten  thousand  dollars  ($10,000),  conditioned  for  the 
faithful  performance  by  said  parties,  their  legal  representatives,  successors, 
or  assigns,  of  all  the  terms  and  conditions  of  this  ordinance,  and  that  the 
railways  aforesaid  shall  be  completed  at  the  time  and  in  the  manner  in  this 
ordinance  specified,  unless  delayed  by  the  order  or  injunction  of  some  court 
of  competent  jurisdiction  from  so  completing  the  same.  And  until  such 
bond  is  made  and  approved  by  said  Board  of  Trustees,  this  ordinance  shall 
have  no  force  or  effect  whatever.  In  case  such  bond  or  any  subsequent 
bond  taken,  shall,  in  the  judgment  of  said  Board,  from  any  cause  become 
impaired  as  security  in  said  sum,  the  said  parties,  their  successors  or 
assigns,  shall,  upon  the  demand  of  said  Board,  execute  a  new  bond  or  bonds, 
from  time  to  time,  in  like  penalty,  and  conditioned  as  aforesaid. 
Passed  Jan.  20th,  1874. 
Approved  Jan.  30th,  1874. 

C.  J.  IUMIKKT,  President. 
10 


76 

Rules  and  Order  of  Business  of  the  President 

and  Board  of  Trustees  of  the  Village 

of  Evanston. 

Adopted  September  o,  1873. 

RULE  I.  Regular  meetings  of  the  Bosird  of  Trustees'shall  be  held  on  the 
first  Tuesday  of  each  month,  and  special  meetings  may  be  called  by  the 
President  or  any  three  members  of  the  Board. 

RULE  II.  The  order  of  business  hereinafter  set  forth  shall  in  all  cases 
be  adhered  to,  but  the  same  may  be  temporarily  suspended  by  unanimous 
consent. 

ORDER  OF  BUSINESS. 

1.  The  roll  of  members  shall   be  first  called  and   absentees  noted  ;   a 
majority  of  the  members  of  the  Board  shall  constitute  a  quorum. 

The  meeting  being  organized  the  minutes  of  the  proceedings  of  the  last 
meeting  shall  be  read;  if  necessary,  amended  and  approved. 

2.  The  presentation  of  petitions  and  reports  of  officers. 

3.  The  reports  of  standing  committees. 

4.  The  reports  of  select  committees. 

5.  Unfinished  business  of  preceding  meetings. 

6.  General  business. 

7.  Communications  may  be  received  and  considered  at  any  time. 
RULE  III.    All  questions  of  priority  of  business,  order  and  decorum  shall 

be  decided  by  the  President,  subject  to  an  appeal  to  the.  Board  present,  a 
majority  of  whom  may  decide. 

RULE  IV.  All  standing  committees  shall  be  appointed  by  the  President, 
and  also  all  special  committees,  unless  otherwise  specially  directed  by  the 
Board,  in  which  case  they  shall  be  appointed  by  the  Board. 

RULE  V.  The  ayes  and  nays  may  be  called  and  entered  of  record  at  the 
request  of-  any  member. 

RULE  VI.    No  member  shall  speak  more  than  twice  to  the  same  general 

Saestion,  nor  more  than  once  to  a  "  previous  question"  without  leave  of  the 
oard,  nor  more  than  once  in  any  case,  until   every  member,  choosing  to 
speak,  shall  have  spoken. 

RULE  VII.  A  member  called  to  order  shall  immediately  sit  down,  unless 
permitted  to  explain.  If  there  be  no  appeal,  the  decision  of  the  chair 
shall  be  conclusive ;  but  if  the  member  appeal  to  the  Board  from  the 
decision  of  the  chair,  the  Board  shall  decide  on  the  case  without  debate. 

RULE  VIII.  Every  member,  who  shall  be  present  when  a  question  is 
stated  from  the  chair,  shall  vote  thereon,  unless  excused  by  the  Board,  or 
unless  he  be  directly  interested  in  the  question,  in  which  case  he  shall  not 
vote. 

RULE  IX.  No  motion  shall  be  debated  or  put,  unless  it  be  seconded. 
When  a  motion  is  seconded,  it  shall  be  stated  by  the  President  before 
debate;  and  every  such  motion  shall  be  reduced  to  writing,  if  required  by 
a  member. 

RULE  X.  In  all  cases  when  a  resolution,  or  motion,  shall  be  entered  on 
the  minutes  of  the  Board,  the  name  of  the  member  moving  the  same  shall 
be  also  entered  on  the  minutes. 

RULE  XI.  A  motion  to  adjourn  shall  always  be  in  order,  except:  1st, 
when  a  member  is  in  possession  of  the  floor;  3d,  when  the  yeas  and  nays 
are  being  called ;  3d,  when  the  members  an-  voting;  4th,  when  adjournment 
was  the  last  preceding  motif >n;  or,  5th,  w lien  it  has  been  decided  that  the 
previous  quest  ion  shall  be  taken,  and  the  "previous  quest  inn"  shall  be  as 
follows:  "Shall  the  main  ([Uestioii  now  be  put?" 


77 

XII.  Standing  and  select  committees  to  whom  references  are 
made  shall,  in  nil  cases,  report  in  writing  the  state  of  facts,  with  their 
opinions  thereon. 

RULE  XIII.  No  person  except  a  member  of  the  Board  shall  he  permit- 
led  to  address  the  same,  unless  by  the  unanimous  consent  of  the  Board. 

HULK  XIV.  When  any  motion,  resolution  or  matter  has  been  passed 
upon  by  the  Board,  the  same  may  be  reconsidered  at  the  same  or  any  sub- 
sequent regular  meeting,  upon  the  motion  of  a  member  who  voted  with 
the  majority;  but  a  motion  to  reconsider  shall  not  be  entertained  unless 
I  here  be  present  as  large  a  number  of  trustees  as  were  present  when  the 
question  was  passed  upon. 

RULE  XV.  No  vote  of  the  Board  shall  be  reconsidered  or  rescinded 
at  a  special  meeting,  unless  at  such  special  meeting  there  be  present  as 
large  a  number  of  Trustees  as  were  present  when  such  vote  was  taken. 

RULE  XVI.  All  ordinances,  petitions  and  communications  to  the  Board 
shall,  unless  by  a  two-thirds  vote  otherwise  directed,  be  referred  to  appro- 
priate committees,  and  only  be  acted  on  by  the  Board  at  a  subsequent 
meeting,  on  the  report  of  the  committee  having  the  same  in  charge,  unless 
by  a  vote  of  two-thirds  of  the  members  of  the  Board. 

RULE  XVII.  Upon  the  passage  of  all  orders,  ordinances  or  resolutions 
appropriating  money,  the  yeas  and  nays  shall  be  entered  on  the  record  of 
the  Board,  and  a  majority  of  the  votes  of  all  the  members  of  the  Board 
shall  be  necessary  to  their  passage. 

RULE  XVIII.  All  ordinances  having  for  their  object  the  repeal,  amend- 
ment or  alteration  of  any  ordinance  in  force  at  the  time  the  same  is  pre- 
sented to  the  Board,  shall  not  be  taken  under  consideration  until  at  least 
one  week  from  the  time  the  same  is  presented,  unless  by  vote  of  two-thirds 
of  the  members  of  the  Board. 

RULE  XIX.  When  amendments  are  offered  to  any  question  before  the 
Board,  the  vote  shall  be  first  taken  on  the  amendment  last  proposed. 

RULE  XX.  All  charges  against  the  President  or  a  trustee  for  improp- 
er conduct  shall  be  made  by  a  member  of  the  Board  and  shall  be  reduced 
to  writing,  setting  forth  specifically  the  nature  of  the  charge;  and  no  re- 
marks or  debate  shall  be  permittee!  on  suid  charge  until  the  question  comes 
up  for  investigation  and  decision. 

RULE  XXI.  The  standing  committees  shall  be  oppoiuted  by  the  Presi- 
dent, annually,  on  entering  upon  the  duties  of  his  office,  unless  otherwise 
provided  by  ordinance;  and  the  person  first  named  on  the  committee  shall 
be  the  chairman  thereof.  The  following  shall  be  the  standing  committees, 
and  they  shall  consist  of  three  members  on  each  committee,  unless  other- 
wise provided : 

STANDING    COMMITTEES. 

On  Finance  and  Auditing  Claims, 

On  Water  and  Water  Works, 

On  Streets,  Alleys,  Side  and  Cross-Walks, 

On  Street  and  Gas  Lamps, 

On  Special  Assessments  and  Taxes, 

On  Police  and  Fire  Department, 

On  Sewerage  and  Drainage, 

On  Judiciary,  and  Plats  and  Subdivisions. 

RULE  XXII.  The  standing  committees,  shall  have  charge  of  all  subject- 
matter,  properly  belonging  to  them  respectively  as  designated  by  their 
titles,  or  which  may  be  referred  to  them  by  the  Board,  and  shall  be  required 
to  report  at  regular  meetings,  unless  otherwise  instructed  by  the  Board. 

RULE  XXII  I.  The  village  clerk  shall  report  at  each  monthly  meet  ing, 
the  amount  of  expenditures  of  the  various  departments  to  the  date  of 
report. 


Clerk's  Certificate. 

STATE  OF  ILLINOIS,  COOK  COUNTY, 

Village  of  JSvtensfon. 

I,  JULIAN  R.  FITCH,  Clerk  of  the  Village  of  Evanston,  in  said 
County,  do  hereby  certify  that  the  Ordinances  contained  in  this 
pamphlet,  and  entitled  therein  as  follows: 

1.  ANIMALS  RUNNING  AT  LARGE.     Published  January  17th, 

1874. 

2.  ARRESTS,  AND    RECOVERY  OF    FIXES.     Published  January 

17th,  1874. 

3.  COAL  AND  HAY.     Published  January  17th,   1874. 

4.  CONCEALED  WEAPONS.     Published  January  24th,  1874. 

5.  CORPORATE  SEAL.     Published  January  24th,  1874. 

6.  DOGS.     Published  January  17th,  1874. 

7.  ELECTIONS.     Published  January  24th,  1874. 

8.  FIRE  LIMITS.     Published  January  24th,  1874. 
'.).  FIRE  WOOD.     Published  January  17th,  1874. 

10.  FISCAL  YEAR.     Published  February  20th,  is; 4. 

11.  GUNPOWDER    AND    COMBUSTIBLE    MATERIALS.     Published 

January  24th,  1874. 

12.  HORSE  RAILWAYS.     Published  January  24th,  1874. 

13.  ICE.     Published  January  31st,  1874. 

14.  LICENSES.     Published  January  24th,  1874. 

15.  LICENSES  FOR  VARIOUS  PURPOSES.     January  24th,  1874. 
1G.     MISDEMEANORS.     Published  January  24th,  1874. 

17.  NUISANCES.     Published    January  31st  and    February  7th, 

1874. 

18.  OFFICERS.     Published  February  7th,  1874. 

19.  ORDINANCES.     Published  February  7th,  1874. 

20.  PLUMBERS.     Published  February  7th,  1874. 

21.  POLICE.     Published  February  7th,  1874. 

22.  PREVENTION  OF  FIRES.     Published  February  14th,  1874. 

23.  SANITARY  ORDINANCE.    Published  February  14th  and  21st, 

1874. 

24.  STREETS.     Published  February  14th,  1874. 

•'•">.     STREKT   LAUOK.     Published  February  14th,  1874. 
20.     STREET  NAMES.     Published  February  14th,  1874. 
27.     SUBDIVISION  AND  PLATTING  OF  LANDS.     Published  Feb- 
ruary 21st,  1874. 


79 

28.     VENDIXU  OF  LKJI  OKS.     Published  February  7th,  1874. 
W.     WATKK  AND  GAS  PIPES.     Published  February  21st,  1874. 
30.     WEIGHTS  AND  MEASURES.    Published  February  21st,  1874. 
are  true  copies  of  the  original  ordinances  and  of  the  memoranda 
of  the  dates  of  their  passage  and  approval,  now  on  file  in  my  of- 
fice; that  said  ordinances  were  each  duly  adopted  and  passed  by 
the  President  and  Board  of  Trustees  of  said  village,  at  duly  as- 
sembled meetings  thereof  held,  and  approved  and  signed  by  said 
President,  at  the  respective  dates  under  said  ordinances  written; 
that  said  ordinances  were,  after  their   passage  and  approval  and 
within  thirty  days  from  such  passage,  published  by  authority  of 
said  Board  in  "THE  EVANSTON  INDEX,"    a  weekly  newspaper, 
published  in  said  village,  and  on  the  respective  days  herein  be- 
fore set  forth;  that  said  ordinances    herein  numbered    nineteen, 
twenty-two,  twenty-three,  twenty-four,  twenty-five,  twenty-nine 
and  thirty,  were  also  re-enacted  by  said  Board,  and  approved  by 
the  President  thereof,  at  a  regular  meeting  of  said  Board,  held  on 
the  17th  day  of  February,  1874;  and  that  the  following  is  a  true 
copy  of  an  order  of  said  Board,  adopted  at  a  regular    meeting 
thereof    held  on  the  17th  day  of  February,  1874,  to  wit:     "OR- 
"  DEKED,  that  the  pamphlet,  containing  the  published  '  Ordi- 
"  nances  of  the  village  of  Evanston,  in  Cook  County,  Illinois — 
"  published  by  authority  of  the  President  and  Board  of  Trustees,' 
"  be  and  the  same  is  hereby  declared   to  be  published  by  au- 
"  thority  of  this  Board;  and  that  the  date  of  the  issue  and  pub- 
"  lication  of  said  pamphlet  be  fixed  as  of  the  20th  day  of  Feb- 
"  ruary,  1874."    . 

In  witness  whereof,  1  have  hereunto  set  my  hand,  and  affixed 
the  corporate  seal  of  said  Village,  this  20th  day  of  February,  A. 
D.  1874.  J.  R.  FITCH, 

[L.  s.]  Village  Clerk. 


